Business of Law

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    TikTok Snags Ex-Warner Bros. GC To Lead Legal

    TikTok and parent company ByteDance picked a former Warner Bros. top lawyer to be its next global general counsel, the company said Monday, after the most recent leader in the position stepped down to fight a new federal law affecting the social media giant.

  • June 03, 2024

    Standards Are Murky As Legal Employers Vet Protesters

    As violence in Gaza rages on, law firms have vowed not to employ lawyers whose activism for Palestinian rights they deem unacceptable. But "unacceptable" is in the eye of the beholder, and that makes it difficult for law students and lawyers who advocate for a ceasefire to navigate the workplace and the job market.

  • June 03, 2024

    Tubi Accuses Keller Postman Of Filing Frivolous Arbitrations

    Streaming service company Tubi Inc. is going after a plaintiffs firm in Washington, D.C., federal court, alleging it has engaged in a mass arbitration scheme in which the firm has filed more than 23,000 allegedly frivolous or fraudulent demands for arbitration in attempts to force the company to settle.

  • June 03, 2024

    Jury Trials Dwindle In State Courts; Fall Started Before COVID

    Jury trials have continued to "vanish" from state courts, despite seeing a slight bump following the pandemic shutdowns, with 2021 seeing fewer than half the number of jury trials as 2019 and one-third the number held in 2007, according to a new report from the National Center for State Courts.

  • June 03, 2024

    Atty May Face Suspension In State Street Billing Row

    A Massachusetts disciplinary committee has recommended a six-month suspension for the former managing partner of Thornton Law Firm LLP for his alleged neglect in signing an inflated attorney fees declaration in a class action against State Street.

  • June 03, 2024

    Justice Gorsuch Calls Colleagues 'Best Writers' In History

    Justice Neil Gorsuch recently sat down for a keynote conversation during the 25th annual Burton Awards in Washington, D.C., where he reflected on his approach to writing opinions, his originalist method to interpreting the Constitution and the civility that exists between his fellow justices.

  • June 03, 2024

    DC White Collar Atty Leaves Baker Botts To Launch Solo Firm

    After a career that has so far spanned government service, BigLaw and academia, Washington, D.C.-based white collar attorney Steve Solow is setting up his own shop.

  • June 03, 2024

    Paul Hastings Adds 11-Partner King & Spalding Finance Team

    Continuing its hiring in the finance and restructuring space, Paul Hastings LLP announced Monday that it is bringing on a team of 11 partners from King & Spalding LLP, including the co-head of the global finance and restructuring practice.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 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.

  • May 31, 2024

    Girardi Not Famous Like Avenatti, Feds Say In Panning Jury Form

    Prosecutors pushed back Friday on Tom Girardi's request to ask prospective jurors in his California federal fraud trial if they have seen his wife's television show or reports about his law firm's scandal, saying Girardi's fame is not similar to convicted attorney Michael Avenatti's, whose case included a written juror questionnaire.

  • May 31, 2024

    Orrick's $8M Deal To End Data Breach Claims Nears Prelim OK

    A California federal judge indicated Friday that she'll preliminarily approve Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a 2023 data breach that purportedly exposed personal information for 638,000 individuals, but said the "very broad" scope of the settlement's release "raised my eyebrows."

  • May 31, 2024

    DOJ Looks To End A Legacy Of Bias In Sex Assault Cases

    The U.S. Department of Justice says that legal fallacies and misogynistic stereotypes often lead prosecutors to decline to charge alleged perpetrators of sexual violence, but new guidance from the department is pushing prosecutors to give more credence to victims and see that their claims are more thoroughly investigated.

  • May 31, 2024

    Ore. Watchdog Says Open Discipline Makes 'Stronger' Attys

    An Oregon attorney watchdog group said Friday that the state's radical transparency in attorney disciplinary proceedings makes for "stronger lawyers," arguing largely open access to records and trials has combated misconceptions that regulators are there to protect lawyers.

  • May 31, 2024

    How Trump's Hush Money Sentencing Could Get 'Dicey'

    Now convicted of nearly three dozen felonies, former President Donald Trump must move through the machinery of the New York state court system's sentencing process, which involves sitting down for an interview with a probation officer and a chance to directly address a judge he's called biased and "corrupt."

  • May 31, 2024

    Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

    In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.

  • May 31, 2024

    Trump's New York Prosecutors Called To House Hearing

    Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.

  • May 31, 2024

    Illinois Strengthens Atty Ethics Rules For Harassment, Bias

    The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.

  • May 31, 2024

    WDTX Chief Adds New Hurdle For Patent Attys Eyeing Albright

    The Western District of Texas' chief judge has made it harder for parties to have their patent cases end up in U.S. District Judge Alan Albright's court by refusing to automatically connect related litigation.

  • May 31, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Consumers have asked a federal judge to sign off on their $197 million class action settlement with Visa and Mastercard over claims the companies conspired with banks on ATM access fees. And Microsoft's President Brad Smith is going to tell Congress about what the company is doing to upgrade cybersecurity, including linking executive pay to it.

  • May 31, 2024

    Lambda Legal To Expand With $180M Campaign

    Lambda Legal, a national nonprofit focused on the civil rights of LGBTQ+ people and those living with HIV, announced on Friday a $180 million fundraising campaign, along with an organizational strategy that aims to expand its legal team significantly by 2026.

  • May 31, 2024

    Smith Gambrell Faces Slimmed Data Breach Suit

    A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.

  • May 31, 2024

    Orrick Leads List Of Top Law Firms For Women, Diversity

    Talent strategies firm Seramount released its latest list of the 45 best law firms for women and diversity this week, with the 2024 cohort of winners showing strides over previous years in representation, advancement and benefits for lawyers who are women or from other underrepresented groups.

  • May 31, 2024

    Law360's Legal Lions Of The Week

    Brewer Attorneys & Counselors, the American Civil Liberties Union Foundation and attorneys Eugene Volokh and Alan Morrison lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that the National Rifle Association can proceed with certain claims in the gun rights group's lawsuit against a former New York state official.

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Opinion

    Companies Must Not Back Down On DEI Efforts

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    In the face of recent lawsuits filed to challenge schools' diversity efforts, and a U.S. Supreme Court potentially friendly to purely hypothetical arguments, companies must stand strong and not be intimidated into abandoning diversity and inclusion programs, says Licha Nyiendo at Human Rights First.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • Opinion

    New York Must Guarantee Court Neutrals Fair Compensation

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    Neutrals that serve New York’s court-annexed alternative dispute resolution program are underappreciated and face injurious unjust enrichment because they are required to provide parties with a certain amount of free time, so the state must establish minimum guaranteed compensation floors with deliberate speed, say Elan Weinreb at Weinreb Law and Dorothy Kaldi at Petza & Kaldi Mediation.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Roundup

    In A 'Barbie' World

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    On the heels of the "Barbie" movie's historic global box office success, this Expert Analysis series explores regulatory questions and intellectual property battles that have emerged from the evolution of the iconic doll's brand.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Covington Ruling Strengthens SEC's Enforcement Powers

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    A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Inside The Changing Logic Of In-House General Counsel Hires

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    Though the growing phenomenon of small businesses hiring their own general counsel defies traditional business sense, companies in highly regulated and risky new technology industries, where serious legal resources are vital for growth and liability management, can benefit from recruiting in-house expertise early, say Jake Knowlton-Parry and Marlo Donato at Larson Maddox.

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