Business of Law

  • June 27, 2024

    Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11

    The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.

  • June 27, 2024

    North Carolina's Western District Issues AI Standing Order

    Attorneys in the U.S. District Court for the Western District of North Carolina will now have a tougher time experimenting with generative artificial intelligence, after the court's judges issued a standing order requiring lawyers to file a certification alongside every brief stating that AI was not used to help prepare the brief.

  • June 27, 2024

    Colo. Judge 'Disenchanted' With Informal Dispute Process

    A Colorado federal magistrate judge said Thursday that she's become increasingly "disenchanted" with the use of informal discovery proceedings, telling a room of lawyers that more often than not, the court and a case are better served by written briefings and rulings.

  • June 27, 2024

    AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'

    New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.

  • June 27, 2024

    House Panel Votes To Hold Biden Ghostwriter In Contempt

    The House Judiciary Committee voted 13-11 along party lines on Thursday, to advance the contempt effort for Mark Zwonitzer, President Joe Biden's ghostwriter, for not turning over documents and recordings related to his work on the president's memoirs that were mentioned in a special counsel's report on the president's handling of classified documents.

  • June 27, 2024

    Fla. Judge Denies Trump's Bid To Toss Mar-A-Lago Warrant

    The Florida judge overseeing Donald Trump's federal criminal case involving allegations of illegally keeping classified documents after leaving the White House denied the former president's bid Thursday for a hearing on the validity of the Mar-a-Lago search, but said she'd consider an evidence suppression hearing.

  • June 27, 2024

    MoFo Moving To 'Flexible' Miami Office Space Model In 2025

    Morrison Foerster LLP will "transition to a flexible office space model" at the end of the year in Miami after its current lease expires, a firm spokesperson told Law360 Pulse on Thursday.

  • June 27, 2024

    High Court Allows Idaho Emergency Abortions, For Now

    The U.S. Supreme Court on Thursday allowed abortions in Idaho to continue in emergency situations under a federal law requiring doctors at Medicare-funded hospitals to provide emergency care, including abortions.

  • June 27, 2024

    Supreme Court Freezes EPA's 'Good Neighbor' Rule

    The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.

  • June 27, 2024

    Justices Limit SEC's Use Of In-House Courts

    The U.S. Supreme Court on Thursday curtailed the U.S. Securities and Exchange Commission's use of its in-house court system, saying the accused have a right to a jury trial when financial penalties are on the table.

  • June 27, 2024

    Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan

    The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.

  • June 26, 2024

    Roberta Kaplan Leaving Namesake Firm To Launch Boutique

    Roberta Kaplan, the intrepid litigator who has won landmark victories for LGBTQ+ couples, survivors of white supremacist violence and a writer who accused former President Donald Trump of sexual assault, announced Wednesday that she is leaving Kaplan Hecker & Fink LLP to launch a new boutique with two former prosecutors and a veteran of complex litigation.

  • June 26, 2024

    Justices Chide 5th Circ. In Biden Social Media Case

    The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.

  • June 26, 2024

    Supreme Court Bribery Ruling Limits Government's 'Arsenal'

    The U.S. Supreme Court's decision Wednesday limiting the reach of a federal bribery law has removed a "novel" tool that prosecutors employed in a wide range of public corruption cases and could result in fewer prosecutions of state and local officials, experts say.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    House GOP Gears Up For The End Of Chevron Deference

    A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.

  • June 26, 2024

    Texas Planning To Use New Bar Exam In 2028, Justices Say

    The Texas Supreme Court on Tuesday announced that it expects to adopt a new bar examination beginning in July 2028 after considering public comments.

  • June 26, 2024

    5 Indicted In 'Feeding Our Future' Jury Bribery Scheme

    Five people have been indicted in Minnesota for trying to bribe a juror with a Hallmark gift bag containing $120,000 in cash in a failed attempt to influence the first trial of the sprawling "Feeding Our Future" $250 million pandemic fraud case, which recently ended with five convictions and two acquittals.

  • June 26, 2024

    Rep. Seeks Info On Sex Allegations Against Ex-GMU Law Prof

    The chair of the U.S. House Committee on Education and the Workforce has requested information in a letter to the president of George Mason University and its law school's dean regarding the institution's response to sexual misconduct allegations against former professor Joshua Wright, who is also a former Federal Trade Commission commissioner.

  • June 26, 2024

    As Law Firms Raise Fees, GCs Keep More Work In-House

    Buffeted by higher law firm fees, general counsel are continuing a three-year trend of moving more legal work in-house, according to a new legal department survey.

  • June 26, 2024

    Candidate's Nickname 'Fighter' Won't Be On Fla. Ballot

    The Florida Department of State has denied a request by an Orlando law firm owner running for state attorney to include his nickname "Fighter" on the Aug. 20 primary ballot.

  • June 26, 2024

    House GOP Mulls Little-Used Inherent Contempt For Garland

    A group of House Republicans are giving Attorney General Merrick Garland until Friday morning to comply with their demands for the audio recordings of President Joe Biden and his ghostwriter speaking with special counsel Robert Hur during his investigation into Biden's handling of classified documents before they move forward with a vote to hold him in inherent contempt of Congress.

  • June 26, 2024

    High Court 'Inadvertently' Posts Order Punting Abortion Case

    The U.S. Supreme Court mistakenly released a draft order Wednesday that would allow emergency abortions in Idaho, with a majority saying the court was wrong to consider a state challenge at this time.

  • June 26, 2024

    Justices Say Bribery Law Doesn't Criminalize Gratuities

    The U.S. Supreme Court on Wednesday narrowed the scope of a federal bribery law frequently used in corruption cases against local officials, in a 6-3 ruling in favor of a former Indiana mayor who argued the law only criminalizes quid pro quo bribery and not rewards given after an official act.

  • June 26, 2024

    High Court Axes Challenge To Biden Admin's Social Media Work

    The U.S. Supreme Court wiped out a Fifth Circuit order prohibiting the Biden administration and several federal agencies from working with social media platforms to combat the spread of misinformation Wednesday, finding the states and individuals challenging the collaboration don't have standing to sue.

Expert Analysis

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • 10 Lessons From A Deep Dive Into IP Damages

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    Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

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