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Business of Law
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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.
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June 28, 2024
Eric Trump Can Shield Most Docs In Ex-Aide's Retaliation Suit
Eric Trump can assert attorney-client privilege to avoid turning over most of a batch of emails sought by Trump 2016 campaign aide Arlene "AJ" Delgado in her pregnancy retaliation suit claiming she was banished from former President Donald Trump's orbit after a fellow staffer got her pregnant.
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June 28, 2024
GOP Rep. Says 'Inherent Contempt' Vote Coming After Recess
The Republican lawmaker spearheading a new inherent contempt effort for Attorney General Merrick Garland said it has the backing of House Speaker Mike Johnson, R-La., and would occur after the July 4 congressional recess.
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June 28, 2024
Indicted Brown & Connery Atty Removed From Rutgers Board
Brown & Connery LLP partner William Tambussi, who was indicted last week for his alleged role in a wide-ranging extortion scheme led by powerful Garden State businessman George Norcross III, has been removed from his seat on the Rutgers University Board of Governors, officials confirmed Friday.
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June 28, 2024
Bannon Can't Dodge Prison In Contempt Appeal
Steve Bannon must go to prison Monday, according to a U.S. Supreme Court order Friday rejecting the former Trump White House chief strategist's bid to stave off his four-month sentence for contempt of Congress.
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June 28, 2024
High Court Enters July With 3 Rulings To Go
In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action.
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June 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.
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June 28, 2024
Hub Hires: ArentFox, Ogletree, Duane Morris
ArentFox landed more than a dozen attorneys and professionals from Burns & Levinson while Ogletree and Duane Morris both welcomed back former colleagues, as law firms around Boston kicked off summer with new hires.
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June 28, 2024
Justices Limit Fed. Use Of Obstruction Charge In Jan. 6 Cases
The U.S. Supreme Court limited Friday the U.S. Department of Justice's use of an obstruction of Congress statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021, ruling the law enacted in the wake of an accounting scandal requires the obstructive act must somehow impair the availability or integrity of official documents or proceedings.
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June 28, 2024
Supreme Court Strikes Down Chevron Deference
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, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.
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June 27, 2024
Biden, Trump Spar On Abortion Access In The Wake Of Dobbs
The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."
Expert Analysis
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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7 Constructive Ways Attorneys Can Spend The Deal Slowdown
Transactional lawyers can stay productive despite the currently sluggish market for M&A and financing deals by investing nonbillable hours into a range of projects that will strengthen firms, build professional relationships and lay a strong foundation for future work, says Brian Kerwin at Duane Morris.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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12 Summer Reads For White Collar Attorneys
Jack Sharman at Lightfoot Franklin recommends 12 books white collar lawyers should read this summer, from French existentialist classics to modern rural noirs, that provide lessons and reflections for one’s legal practice.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Roundup
Prosecutor Pointers
As new trends enter the courtroom, this Expert Analysis series features prosecutors' practice tips — some time-tested, some newly updated — for every stage of the jury trial, from voir dire to closing statements.
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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.