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Business of Law
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July 05, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A New Jersey judge ordered a former Apple lawyer to pay $1.1 million to the U.S. Securities and Exchange Commission stemming from criminal insider trading charges, and a Texas judge put the Federal Trade Commission's noncompete ban on hold. These are among the stories in corporate legal news you may have missed in the past week.
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July 05, 2024
Ex-BigLaw Atty Settles Defamation Suit Against Influencer
Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.
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July 05, 2024
Law360's Legal Lions Of The Week
New Civil Liberties Alliance, Latham & Watkins LLP, Clement & Murphy PLLC and Cause of Action Institute easily lead this week's edition of Law360 Legal Lions, after persuading the U.S. Supreme Court to overturn a 40-year-old precedent that said when judges should defer to federal agencies' interpretations of law in rulemaking.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Legal Jobs Continued To Tick Up In June
The U.S. legal sector added 1,400 jobs in June, continuing an uptick that began this spring, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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July 05, 2024
Trump-Appointed Alaska Judge Abruptly Resigns
Judge Joshua Kindred of the District of Alaska informed President Joe Biden on Wednesday that he will be resigning Monday.
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July 05, 2024
Armstrong Teasdale To Leave UK, Close 2 US Offices
Armstrong Teasdale LLP's managing partner said the firm "will likely no longer have a direct physical presence in the U.K. or Europe" as it ceases future financial support for its U.K. subsidiary, while aiming to wrap up business in Boston and Salt Lake City by the end of September.
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July 05, 2024
CFTC's Pham Says CCOs Must Be Careful With Agency
U.S. Commodity Futures Trading Commission member Caroline Pham warns that chief compliance officers at CFTC-registered firms may face individual liability for noncompliance matters at their firms, telling Law360 that this shows the need for compliance heads to carefully document their actions to potentially avoid liability.
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July 03, 2024
Cooley DQ'd From IP Case Over Atty's Past Patent Work
Cooley LLP was disqualified on Wednesday from representing a pharmaceutical customer-support software company against patent infringement claims in Delaware, with the district court citing a Cooley partner's prior work representing the plaintiff and Cooley's refusal to screen its attorney.
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July 03, 2024
'Who Does That?' 7th Circ. Pans Walmart's Price Audit Theory
The Seventh Circuit on Wednesday revived a class action accusing Walmart of systematically posting lower prices on shelves than it actually charges, rejecting the retailer's argument that the onus is on customers to keep track of prices as they're juggling various distractions during checkout.
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July 03, 2024
Texas Court Puts FTC's Noncompete Ban On Hold
A Texas federal judge on Wednesday blocked the Federal Trade Commission from enforcing its rule banning noncompete agreements against tax preparation company Ryan LLC and the U.S. Chamber of Commerce and suggested the regulation should be shot down.
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July 03, 2024
NC Solicitor General Faces GOP Roadblock To 4th Circ. Bench
President Joe Biden's selection of North Carolina Solicitor General Ryan Y. Park for a Fourth Circuit seat tops off a distinguished resume that includes a Harvard Law degree and a stint at Boies Schiller & Flexner LLP, but he still faces an uphill road to the bench amid pushback from Tar Heel State senators.
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July 03, 2024
High Court Rulings Thwart Judge Romance Suit, Firm Says
Jackson Walker LLP urged a Texas federal court Wednesday to consider its argument that two recent U.S. Supreme Court rulings on standing prevent a former shareholder in an engineering company from pursuing a racketeering lawsuit over a bankruptcy judge's concealed romantic relationship with an ex-firm attorney.
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July 03, 2024
Bronx Defenders Union Braces To Strike In Less Than 3 Weeks
The Bronx Defenders Union's bargaining committee voted on Tuesday to authorize an unlimited unfair labor practice strike beginning the week of July 22, saying the organization's staff continue to face high attrition, unwieldy caseloads and some of the lowest pay rates of New York City's public defenders.
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July 03, 2024
Dechert To Close Offices In Beijing, Hong Kong, Chicago
Dechert LLP is the latest BigLaw firm to announce it is dissolving operations in Beijing and Hong Kong, and the Philadelphia-founded firm also plans to close its 12-year-old Chicago office, a Dechert spokesperson told Law360 Pulse on Wednesday.
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July 03, 2024
Biden's New Picks Include NC Solicitor General For 4th Circ.
President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.
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July 02, 2024
Data Breach Suits Drive Consumer Protection Docket Growth
Federal consumer protection lawsuits are back on the rise after nearly a decade of steady decline, with disputes over increasingly prevalent data breaches fueling the uptick, according to a Wednesday report by Lex Machina.
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July 02, 2024
Ex-Senior Apple Atty To Pay SEC $1.1M For Insider Trading
Apple's former director of corporate law must pay $1.1 million to securities regulators stemming from criminal insider trading charges to which he pled guilty in 2022, a New Jersey federal judge said Tuesday, finding that his "egregious" violations warrant the penalty since "his very job" was to ensure compliance with securities laws.
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July 02, 2024
Northwestern Hires 'Mediocre' Minorities Over Men, Suit Says
Northwestern University's law school favors hiring women and minority faculty candidates with "mediocre and undistinguished records" over better-credentialed white men, a conservative group claims in a lawsuit filed Tuesday in Chicago federal court, a year after the U.S. Supreme Court struck down affirmative action in higher education admissions.
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July 02, 2024
YSL Judge Shares Transcript Of Secret Witness Meeting
The transcript of a secret meeting involving Fulton County prosecutors, a key state's witness and the judge overseeing the Young Slime Life case was released Monday, shortly after it was announced that proceedings in the case would be paused until an outside judge reviews motions for the judge's recusal.
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July 02, 2024
Depo Gets Dad Ousted From Sesame Place Race Bias Case
The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.
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July 02, 2024
Ex-Bankruptcy Judge Will Be Deposed Over Atty Romance
The former Texas bankruptcy judge whose secret relationship with a Jackson Walker LLP attorney ignited a major judicial ethics scandal has agreed to sit for a seven-hour deposition to answer questions about the episode.
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July 02, 2024
Armstrong Teasdale Pulls Back From SLC As 7 Join Dentons
Armstrong Teasdale LLP told Law360 Pulse on Tuesday that it plans to redirect resources from Salt Lake City, saying it is "not the right time for us to be there" after a Dentons member firm announced the day prior that it had hired seven of Armstrong Teasdale's Utah-based litigators.
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July 02, 2024
Dentons Says Ex-Client Can't Escape $4.7M Fee Suit In Texas
International law firm Dentons Europe CS LLP urged a Texas federal court Tuesday to keep alive its suit accusing a Houston-area crisis response business of failing to pay more than $4.7 million in legal fees and said the correct venue was Texas, not England, as the business has argued.
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July 02, 2024
Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict
The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.
Expert Analysis
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Roundup
My Hobby Makes Me A Better Lawyer
Attorneys discuss how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.