Business of Law

July 23, 2024
Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma

The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.
July 23, 2024
US, UK, EU Antitrust Enforcers Outline AI Principles

The top antitrust officials from the U.S. Justice Department, the Federal Trade Commission, the European Commission and the U.K.'s Competition and Markets Authority presented a unified international commitment Tuesday to closely monitor artificial intelligence technology and the companies that they warned could wield AI anticompetitively.
July 23, 2024
FTC Attys On Kroger Case Get Extensions After IT Outage

The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.
July 23, 2024
Labor Dept. ESG Rule May Survive Chevron's Demise

The Fifth Circuit recently overturned a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing, but some experts believe the rule has a good chance at surviving — even with the precedent off the books.
July 23, 2024
SEC Names New Acting Head Of Exams

The U.S. Securities and Exchange Commission has announced that the deputy director of its examinations division will serve as the unit's new acting director, as the previous director takes a leave of absence to focus on his health.
July 23, 2024
Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'

Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.
July 23, 2024
After Trump Attack, GOP Presses DOJ On Justices' Security

Two Republican U.S. House representatives pressed the U.S. Department of Justice on Tuesday for information on security measures protecting court officers, warning that limitations on the U.S. Marshals Service's authority to arrest protesters near justices' homes are "dangerous and misguided," especially after former President Donald Trump's attempted assassination.
July 23, 2024
No Victims, No Fraud, Trump Says In $465M Judgment Appeal

Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.
July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference

Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
July 23, 2024
Brennan Center Gets $30M For High Court Reform Unit

The Brennan Center for Justice at the New York University School of Law announced Tuesday that philanthropist and businessman Jim Kohlberg has committed $30 million for the establishment of a new unit focused on U.S. Supreme Court reform.
July 23, 2024
Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit

The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."
July 23, 2024
Convicted Sen. Menendez Of NJ Resigning Aug. 20

U.S. Sen. Bob Menendez has decided to resign as the U.S. Senate Ethics Committee was moving swiftly to consider whether he should be expelled or censured after his conviction last week on 16 corruption charges.
July 23, 2024
Texas Legal Services Biz Escapes Most Data Breach Claims

A Texas federal judge has trimmed most claims in a proposed class action over a legal services company's data breach, leaving a negligence claim lodged by one plaintiff who alleges he was a victim of identity theft due to the breach.
July 23, 2024
11th Circ. Should Uphold Tax Court Protection, IRS Says

The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.
July 23, 2024
Northern District Of NY Judge To Take Senior Status

U.S. District Judge Glenn Suddaby of the Northern District of New York will take senior status as of Sept. 1.
July 23, 2024
Polsinelli Lands In Philly With 20-Plus Holland & Knight Attys

National law firm Polsinelli PC announced Tuesday it planned to expand its footprint into Philadelphia by opening a new office in the city with more than 20 shareholders who are moving their practices from Holland & Knight LLP.
July 23, 2024
Secret Service Chief Out Amid Trump Rally Shooting Probes

U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.
July 22, 2024
What Attorneys Need To Know About JD Vance

Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.
July 22, 2024
Secret Service Ripped By Lawmakers For Trump Rally 'Failure'

U.S. Secret Service Director Kimberly Cheatle on Monday acknowledged a security failure during a July 13 campaign rally that ended in an assassination attempt on former President Donald Trump, as she was battered with resignation calls from a bipartisan group of lawmakers frustrated by her evasiveness during the investigation.
July 22, 2024
Judge Limits Girardi Clients' Injury Details In Upcoming Trial

Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.
July 22, 2024
Litigation Funder Sues Wyoming Co. With Same Name

Litigation funding company Parabellum Capital LLC has filed a trademark lawsuit in Colorado federal court against a Wyoming company called Parabellum Capital Inc., but the Wyoming company appears to be backing down.
July 22, 2024
Former Judge On Trump Assassination Attempt Panel

A former federal judge who previously sat on an oversight panel for the Secret Service was among those the U.S. Department of Homeland Security announced on Sunday would conduct an independent review of the July 13 assassination attempt on former President Donald Trump.
July 22, 2024
After Kindred Case, Questions Linger About Clerk Safeguards

When Alaska federal Judge Joshua Kindred resigned, it was the culmination of an 18-month inquiry into a hostile and inappropriate work environment he'd fostered in chambers. During that investigation, it seems he continued to supervise law clerks. Experts say that may signal a gap in protections for clerks.
July 22, 2024
LA Superior Court Closed Monday Due To Ransomware Attack

The Superior Court of Los Angeles County was forced to close Monday as the court continued to work to repair and reboot network systems that were severely impacted by a ransomware attack that occurred on the same day as an unrelated global tech outage.
July 19, 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.

Expert Analysis

7 E-Discovery Predictions For 2024 And Beyond

The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
5 Litigation Funding Trends To Note In 2024

Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
Legal Practice In The AI Era: The Top Guest Articles Of 2023

Guest columnists explored the possibilities and challenges for the legal profession amid the rise of generative artificial intelligence, including privilege complications, demands for new types of legal skills, and the ethics of a ChatGPT-authored motion.
AI In Employment Law: The Top Guest Articles Of 2023

This year, the most popular employment law topics related to artificial intelligence in Law360's Expert Analysis section included ChatGPT, new AI legislation, and diversity, equity and inclusion.
AI In Health Law: The Top Guest Articles Of 2023

As the use of artificial intelligence accelerated this year, Expert Analysis writers examined AI's significant impact on the healthcare sector, ranging from key compliance considerations for companies utilizing AI tools to regulators' efforts to keep up with rapidly evolving technologies.
AI In IP Law: The Top Guest Articles Of 2023

Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.
The Most-Read Securities Law360 Guest Articles Of 2023

Securities guest article topics that piqued reader interest this year include how the U.S. Securities and Exchange Commission utilized seldom-used rules to go after bad actors, and how Delaware courts increased scrutiny on boards of directors — sometimes in surprising ways.
The Most-Read Employment Law360 Guest Articles Of 2023

This year, some of the most popular employment topics in articles written for Law360's Expert Analysis section focused on workplace diversity, equity and inclusion, new unionization rules from the National Labor Relations Board, and proposed regulations for implementing the Pregnant Workers Fairness Act.
Managing AI Risks: The Top Guest Articles Of 2023

Amid the rapidly developing legal landscape around artificial intelligence, Law360 Expert Analysis writers tackled a range of compliance and litigation challenges, providing insights on privacy in the age of AI, the role of class actions in AI risk mitigation, and the creation of corporate AI policies.
The Most-Read Law360 UK Guest Articles Of 2023

Benefits of the new EU Unified Patent Court, artificial intelligence regulation and M&A trends amid rising inflation were among the hot topics U.K. Expert Analysis articles explored this year.
The Most-Read IP Law360 Guest Articles Of 2023

U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.