Business of Law

  • July 26, 2024

    How Barrett Became The High Court's Justice To Watch

    Justice Amy Coney Barrett has revealed a unique trifecta of caution toward overly broad opinions, devotion to the factual record and concern for the practical effects of court rulings that separates her from the other right-leaning justices and contains the potential to broker more moderate rulings in future terms.

  • July 26, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

  • July 25, 2024

    3rd Circ. Again Tosses J&J Talc Unit's 'Texas Two-Step' Ch. 11

    The Third Circuit on Thursday affirmed the dismissal of the reworked Chapter 11 case of Johnson & Johnson's talc unit that used a controversial "Texas two-step" maneuver, saying the company still hasn't displayed the financial distress required to justify bankruptcy protection.

  • July 25, 2024

    DOJ Watchdog Criticizes Barr But Clears Him Of Wrongdoing

    The U.S. Department of Justice's watchdog on Thursday chided former Attorney General William Barr for violating DOJ policies via his handling of information regarding an election fraud investigation in Pennsylvania during the 2020 presidential election, though it said he didn't technically commit misconduct.

  • July 25, 2024

    Coinbase Taps Paul Clement For Board After Chevron Win

    Cryptocurrency exchange Coinbase Inc. has added to its board of directors Paul D. Clement, a member of the legal team that recently convinced the U.S. Supreme Court to do away with so-called Chevron deference, according to a recent announcement.

  • July 25, 2024

    Girardi Can't Block Firm's Chapter 7 Evidence In Fraud Trial

    Tom Girardi can't exclude evidence from his upcoming trial that he claims prosecutors illegally obtained from his firm's bankruptcy trustee, after a California federal judge said Thursday no constitutional rights were violated since the evidence was the bankruptcy estate's property and in the trustee's possession. 

  • July 25, 2024

    Justice Kagan Floats Committee To Enforce High Court Ethics

    U.S. Supreme Court Justice Elena Kagan said Thursday that the high court "should" and "could" create a mechanism like a committee of lower-court judges to enforce a code of conduct, while acknowledging the "complications" in deciding who should be the enforcers.

  • July 25, 2024

    Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter

    The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.

  • July 25, 2024

    DA Says Trump Immunity Ruling Doesn't Affect NY Convictions

    Manhattan District Attorney Alvin Bragg told a New York judge Thursday that the U.S. Supreme Court's presidential immunity ruling has no bearing on Donald Trump's conviction in his hush-money case since the charges relate to unofficial acts.

  • July 25, 2024

    Chancery Says DGCL 'Donut Hole' Dooms Governance Deal

    A "donut hole" baked into a rushed Delaware General Corporation Law amendment by state lawmakers earlier this year has tripped up most governance concessions that information technology company N-able Inc. granted to its lead investors, a Delaware vice chancellor ruled on Thursday.

  • July 25, 2024

    Womble Bond Atty, NC Bar Leader, Talks DEI, Digital Courts

    The North Carolina Bar Association has welcomed a new president amid a year of major change, including an election in November with a host of judicial races; the continued push to prioritize diversity, equity and inclusion in the industry; and the massive undertaking of digitizing the state's court records system.

  • July 25, 2024

    Dems, And Now Biden, Contemplate Supreme Court Reform

    On the heels of President Joe Biden saying he will push for U.S. Supreme Court reform in the final months of his presidency, two Democratic lawmakers on Thursday rallied to promote a bill that would increase the number of seats on the court from nine to 13.

  • July 25, 2024

    3rd Circ. Enters Fray On Venue For Immigration Appeals

    The Third Circuit has transferred an immigration case to the Sixth Circuit, finding that court to be the appropriate venue for an appeal stemming from an immigration case involving virtual appearances from multiple remote locations, because the complaint underlying the matter was filed in Ohio.

  • July 25, 2024

    Class Of 2023 Shatters Records In Legal Employment, Salaries

    The class of 2023 set new records for the overall employment rate, employment in jobs that require or anticipate bar passage, and median and average salaries. In addition, private practice employment has hit the highest level in more than 30 years, per data released Thursday by the National Association for Law Placement Inc.

  • July 25, 2024

    Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus

    Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.

  • July 25, 2024

    Senate Confirms First Tax Court Judge Since 2020

    The U.S. Senate on Thursday confirmed a U.S. Tax Court judge for the first time since 2020.

  • July 25, 2024

    Patent Atty Seeks Closure Over Ex-Firm's Back Wages

    Discovery in a patent attorney's suit against his former firm, Pittsburgh-based Keevican Weiss & Bauerle LLC, has produced enough evidence to support summary judgment on some of his claims, according to a new motion filed this week in Allegheny County.

  • July 25, 2024

    Foley Hoag Hit With Overtime Wage Suit By NY Support Tech

    A former support technician at Foley Hoag LLP accused the firm of "egregious violations of wage and hour laws" in a lawsuit filed Wednesday in New York federal court.

  • July 25, 2024

    Nevada Man Accused Of Threatening To Kill Judges

    A Las Vegas man who allegedly sent threats to kill and assault federal and state officials in New York, Montana, New Jersey and Washington, D.C. – including federal judges – has pled not guilty to a 22-count indictment unsealed this week in Nevada federal court.

  • July 25, 2024

    11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal

    Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.

  • July 25, 2024

    Connecticut 'Fishing' Atty Placed On Interim Suspension

    A Connecticut attorney who responded to an overdraft notice and disciplinary inquiry with an email saying the issue wasn't a priority because he was busy fishing has been suspended on an interim basis from practicing law.

  • July 24, 2024

    FTC Chair Wary AI Tools Can Be Used For Corporate Collusion

    Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.

  • July 24, 2024

    Solicitor General Warns Against Feds 'Winning At All Costs'

    U.S. Solicitor General Elizabeth Prelogar underscored the importance of the federal government ensuring justice is served and not "winning at all costs" during a keynote speech Wednesday at the Ninth Circuit Judicial Conference, defending the DOJ's changed position in a high court case concerning a criminal defendant's right to a jury trial.

  • July 24, 2024

    Pandemic Hasn't Hindered 2020 Law Grads, NALP Says

    Despite entering the workforce during a pandemic, most 2020 law school graduates are thriving, with high rates of employment and a dip in educational debt, but some still feel negative effects on their mental health, according to a report released Wednesday by the National Association for Law Placement Inc.

  • July 24, 2024

    SF DA Sued By Staffer Fired Over 'Panties' Reply-All Snafu

    A San Francisco District Attorney's Office staffer who says he was fired after accidentally sending a risqué reply-all email at work has filed a state court lawsuit accusing his former boss and the county of defamation and standing in the way of his getting future employment.

Expert Analysis

  • 10 Lessons From A Deep Dive Into IP Damages

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    Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Wachtell-X Ruling Highlights Trend On Arbitrability Question

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    A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.

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