Business of Law

  • 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.

  • July 24, 2024

    Harvard Vow To Tackle Antisemitism Can't Nix Suit, Court Told

    Harvard University's arguments to dismiss claims it fails to protect Jewish students from antisemitic intimidation and threats boil down to telling the plaintiffs "cool your jets" while the school tries to address the issue, a lawyer for the students told a Massachusetts federal judge Wednesday.

  • July 24, 2024

    Atty Can't Deduct Car Racing Costs As Ads, US Tells 10th Circ.

    A personal injury lawyer who also races cars shouldn't be allowed to deduct about $300,000 for racing-related costs as ordinary business advertising expenses because they're unrelated to his law practice, the U.S. government told the Tenth Circuit on Wednesday.

  • July 24, 2024

    Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing

    The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.

  • July 24, 2024

    Pa. Judge Won't 'Chase' Deadline-Flouting ADA Case Attys

    A Pennsylvania federal judge on Wednesday told attorneys in an Americans with Disabilities Act case against Tommy Bahama that he wasn't going to "chase" lawyers flouting scheduling orders, warning that the consequences might hurt more than just complying with the plan.

  • July 24, 2024

    Ex-McElroy Deutsch Exec Says Ch. 11 Doesn't Pause Claims

    A former McElroy Deutsch executive told a New Jersey state court that just because her husband — former McElroy Deutsch chief financial officer John Dunlea — has filed for bankruptcy does not mean she needs to pause her claims against the firm for discrimination and retaliation.

  • July 24, 2024

    Legal Tech Co.'s $1.3M Data Privacy Deal Gets OK'd

    A Kansas federal judge granted preliminary approval to a proposed $1.3 million settlement between a data and professional services company catering to law firms and a class of thousands of its customers and employees, who said their personal information was stolen in a March 2023 data breach that exposed 200 gigabytes of sensitive information.

Expert Analysis

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Confronting The Psychological Toll Of Personal Injury Law

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    Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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