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Business of Law
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July 01, 2024
The Top In-House Hires Of June
Two of America's largest companies, GM and ExxonMobil, decided in June to hire from the outside to replace their top lawyers, while Volkswagen Group of America promoted its next general counsel from within. Here, Law360 looks at some of the top in-house announcements from June.
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July 01, 2024
Judge Acquits Firm Co-Founder, 27 Others Over Panama Papers
When authorities raided the now defunct Panamanian law firm Mossack Fonseca as part of their investigation into the international money laundering case known as the Panama Papers, they didn't follow the chain of custody for evidence they seized, so 28 people accused in the conspiracy must be acquitted, a Panamanian judge has ruled.
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July 01, 2024
Akerman Opens In Del. With 2 McCarter & English Litigators
Akerman LLP is opening an office in Delaware with two litigation partners from McCarter & English LLP, the firm announced on Monday.
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July 01, 2024
Meet The Incoming Chief Of North Carolina's Business Court
When Judge Michael L. Robinson takes the helm of the North Carolina Business Court in January after more than eight years on the bench, his colleagues agree the veteran jurist and professor will bring the right temperament, thoughtfulness, generosity and professionalism to the role.
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July 01, 2024
Feds Say Ex-Magellan Officer's Atty May Have Conflict
A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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June 30, 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.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Quinn Slammed By Columbia For Its 'Continuing Audacity'
Columbia University shot back Friday against arguments from Quinn Emanuel Urquhart & Sullivan LLP that Federal Circuit judges should disregard arguments made by the firm's former client, who says the firm lied to a federal court in Virginia to avoid damaging testimony in a $600 million patent case.
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June 28, 2024
Girardi Wins Bid To Offer Mental Condition Testimony At Trial
Tom Girardi's defense team can call a doctor to testify at his upcoming trial as to a potential "mental condition" that they say might indirectly have bearing on his intent to defraud clients, a California federal judge ruled Thursday, rejecting prosecutors' argument that the testimony is irrelevant.
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June 28, 2024
LawFirms.com Can't Dodge LegalForce's Ad Trademark Suit
A California federal judge has denied a bid by online legal services website LawFirms.com to escape a trademark suit accusing it of ripping off law firm LegalForce's stylized text and symbol used in advertisements.
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June 28, 2024
FCPA, Shkreli Prosecutor To Lead EDNY's Criminal Division
Breon Peace, U.S. attorney for the Eastern District of New York, on Friday said Alixandra Smith, known for taking point in the prosecution of Martin Shkreli and her leading roles in foreign bribery cases, has been appointed as the new chief of the office's Criminal Division.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Parts Of Ga. Bond Law Blocked For Now Over 'Group' Meaning
A Georgia federal judge on Friday temporarily blocked certain provisions of a law set to take effect Monday that would make it illegal for people, charities and organizations to post more than three cash bonds in a year and require charitable bail funds to register as bonding agencies.
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June 28, 2024
Report Shows PI Wiped Evidence Of Other Hacks, Mogul Says
A private investigator in North Carolina deleted 110,000 documents — including data reportedly stolen from an attorney — the night before he was set to testify in a London case against airline mogul Farhad Azima, according to documents filed in federal court.
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June 28, 2024
Calif. Panel Won't Toss Trial Win By AT&T's Cricket
Cricket Communications Inc. won't have to worry about a 2018 jury trial win being kiboshed after a California appeals court ruled that when it overturned a pretrial ruling because a previous judge failed to disclose that he owned AT&T stock, it didn't mean the entire trial should be undone.
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June 28, 2024
Girardi's Ch. 7 Evidence Fight May Raise Novel Issues
Tom Girardi told a California federal judge that FBI agents violated his constitutional rights by obtaining evidence from his law firm's bankruptcy trustee without a search warrant, an argument that, if successful, could hamstring prosecutors in his upcoming wire fraud trial and shake up law enforcement's dealings with trustees.
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June 28, 2024
DC Access To Justice Leader On Making Courts User-Friendly
Erin Larkin, the first director of the D.C. Courts’ newly created Access to Justice unit, recently spoke with Law360 about plans to boost efforts to connect people with legal services and make the courts more accessible.
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June 28, 2024
Jan. 6 Ruling May Help Accused Rioters, But Not Trump
Experts said Friday that while the U.S. Supreme Court's decision narrowing the use of obstruction of Congress charges could have implications for hundreds of people accused of storming the U.S. Capitol on Jan. 6, 2021, the same count against former president Donald Trump remains buoyed by facts alleged in his election interference indictment.
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June 28, 2024
Philly Judge Calls $2.25B Roundup Verdict 'Excessive'
A Philadelphia state judge has explained her decision to slash a cancer patient's $2.25 billion win against Monsanto for its Roundup weedkiller contributing to his lymphoma, calling the jury's January verdict unconstitutionally "excessive."
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June 28, 2024
Google Cloud Hires Ex-Federal CISO To Run Gov't Compliance
Google has hired a former federal chief information security officer and deputy national cyber director to lead global public sector compliance at Google Cloud, where he will work to expand the platform's offerings in artificial intelligence, cloud computing and security to government entities.
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June 28, 2024
Texas Judge Who Axed DACA To Retire In January 2025
U.S. District Judge Andrew S. Hanen — a controversial Republican appointee best known for twice ruling against President Barack Obama's Deferred Action for Childhood Arrivals immigration policy — has announced that he will take senior status on Jan. 2, 2025, allowing the next president to name his replacement.
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June 28, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, and the Conference Board issued a new report urging the country's leaders to adopt a national artificial intelligence framework. These are among the stories in corporate legal news you may have missed in the past week.
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June 28, 2024
Law360's Legal Lions Of The Week
Susman Godfrey LLP, Hausfeld LLP and Langer Grogan & Diver PC lead this week's edition of Law360 Legal Lions, after a California federal jury awarded $4.7 billion to two classes of DirecTV Sunday Ticket subscribers in an antitrust trial against the National Football League and its teams.
Expert Analysis
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Generative AI Brings A New Generation Of Legal Issues
Aside from ethical and potential bias concerns, the rise of generative artificial intelligence also raises intellectual property infringement and breach of contract issues that will likely be negotiated, navigated and litigated for years to come, say Reeya Thakrar and Ira Kalina at Faegre Drinker.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.
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Practical Skills Young Attorneys Must Master To Be Happier
For young lawyers, finding happiness on the job — with its competitive nature and high expectations for billable hours — is complicated, but three skills can help them gain confidence, reduce stress and demonstrate their professional value in ways they never imagined, says career counselor Susan Smith Blakely.
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ABA Opinion Should Help Clarify Which Ethics Rules Apply
A recent American Bar Association opinion provides key guidance on interpreting ABA Model Rule 8.5's notoriously complex choice-of-law analysis — and should help lawyers authorized to practice in multiple jurisdictions determine which jurisdiction's ethics rules govern their conduct, say attorneys at HWG.