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Daily Litigation
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Fed. Circ. Won't Revive Billable Hours Patent Against RELX
The Federal Circuit won't undo a New York federal judge's finding that a Realtime Tracker Inc. patent for tracking billable hours was invalid as an abstract idea, backing a win for LexisNexis parent company RELX.
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Law360 Names Attys Who Moved Up The Firm Ranks In Q3
A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the third quarter of the year.
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MVP: Latham's Benjamin Naftalis And Douglas Yatter
Benjamin Naftalis and Douglas Yatter of Latham & Watkins LLP served as lead counsel for Binance founder and CEO Changpeng Zhao in a high–profile anti-money laundering investigation and represented Andreessen Horowitz in a proposed class action, earning them a spot among the 2024 Law360 Fintech MVPs.
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MVP: Gibson Dunn's Allyson Ho
Allyson N. Ho of Gibson Dunn & Crutcher LLP's appellate practice won a high-profile and unanimous U.S. Supreme Court ruling reversing decades of bankruptcy precedent, and another unanimous win at the Third Circuit safeguarding crime victims' rights, earning her a spot as one of the 2024 Law360 Appellate MVPs.
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Suit Demands Boston Boutique Return Escrowed $7M
A Chinese company says a Boston law firm has refused to account for or return $7 million in escrowed funds that were supposed to be used to secure a line of credit, allegedly ignoring the company's requests for months, according to a complaint filed in Massachusetts state court.
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MVP: deRubertis Law's David M. deRubertis
Worker-side lawyer David deRubertis, who runs his own firm, says he has helped workers win $526 million in damages from their employers in the past two years alone, earning him a spot as one of the 2024 Law360 Employment MVPs.
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Judiciary Advisers Back Development Of AI Evidence Rules
The federal judiciary's advisory panel for evidentiary issues agreed Friday to develop rules aimed at strengthening scrutiny of testimony and materials derived from artificial intelligence systems, saying AI-generated information should meet the same reliability standards that apply to expert witnesses.
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Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach
Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.
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Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit
A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.
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DOJ Says Miss. Senate Stiffed Black Atty On Equal Pay
The U.S. Department of Justice alleged in a race bias suit filed in Mississippi federal court Friday that the state Senate paid a Black attorney at times less than half of what her white colleagues were paid even though they completed the same work.
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Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11
Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.
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DLA Piper's Performance Critique Is Bogus, Fired Atty Says
A former DLA Piper associate told a New York federal court that her pregnancy bias case against the firm should be heard by a jury, arguing the firm's assertion that she was fired for careless work is contradicted by bonuses she was given and a lack of disciplinary records.
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White & Case Adds Life Sciences IP Atty From A&O Shearman
A veteran life sciences patent litigator has jumped from Allen Overy Shearman Sterling to White & Case LLP in New York, expanding the firm’s capabilities to represent medical and pharmaceutical industry clients in complex litigation.
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Florida Voters Fail To Show Injury From Prosecutor Suspension
A Florida good-government group's lawsuit challenging Gov. Ron DeSantis' suspension of a local prosecutor was dismissed on Friday, after a federal judge found that voters don't have a constitutional right to see elected officials serve out their full terms.
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Clifford Law Sues Ex-Partner For Allegedly Poaching Clients
An Illinois firm specializing in personal injury and wrongful death cases has accused a former partner of stealing clients when he left the firm in February and not making appropriate arrangements for his former firm to get fees for certain cases.
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The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard arguments in four cases this week, including a dispute between Facebook and investors over a data harvesting scandal and the formula used to calculate payments to hospitals treating low-income patients. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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Legal Nonprofit Accuses AI Startup Of Wrongly Using Its Work
Artificial intelligence-powered legal research startup Caseway wrongfully downloaded work from the nonprofit Canadian Legal Information Institute's website in bulk and is selling it for a monthly subscription fee, according to a lawsuit filed by CanLII, a nonprofit that provides free legal information.
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Experienced Fox Rothschild Litigator Debuts Boutique In NJ
A longtime Fox Rothschild LLP litigator and former chair of the firm's alternative dispute resolution practice is launching his own complex litigation boutique in Trenton, New Jersey, focusing on both trials and appeals.
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Jackson Lewis Adds Veteran UB Greensfelder Atty In Ohio
Jackson Lewis PC has expanded its employment counseling and litigation capabilities in Cleveland with the addition of a longtime UB Greensfelder LLP attorney.
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Ex-NJ Judge Gets More Time To Make Discrimination Case
A New Jersey court gave a former state workers' compensation judge challenging her removal from the bench more time to make her case, according to a court order.
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Hall Booth Adds Medical Malpractice Attorneys In Atlanta
Hall Booth Smith PC hired an of counsel and associate, who joined the firm's Atlanta office and who both specialize in medical malpractice, among other medical-related cases, the firm announced.
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Office Snapshot: Litigating The 'Quinn Emanuel Way' In Miami
Quinn Emanuel Urquhart & Sullivan LLP is preparing for continued growth at its shop in the Coconut Grove neighborhood of Miami after having already expanded its roster there with what the office leader said were attorneys looking "to litigate the Quinn Emanuel way."
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry had another action-packed week as BigLaw firms named new leaders and Donald Trump became president-elect. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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MVP: Winston & Strawn's Thomas Melsheimer
After completing six jury trials and pulling out a win for an app developer suing Google for patent infringement, and a victory for U.S. Well Services over three patents owned by Halliburton, Tom Melsheimer is one of the 2024 Law360 Trial MVPs.
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MVP: Paul Weiss' Brad Karp
Brad Karp, chair of Paul Weiss Rifkind Wharton & Garrison LLP, led the legal team defending the National Football League in high-profile suits filed by two former head coaches and a former league network reporter, and defended Major League Baseball against a proposed class action over its merchandise licensing agreements, earning him a spot among the 2024 Law360 Sports & Betting MVPs.
Expert Analysis
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Series
Ask A Mentor: How Do I Take Time Off?
David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.
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Law Firms Must Prioritize Mental Health In Internal Comms
The traditional structure of law firms, with their compartmentalization into silos, is an inherent challenge to mental wellness, so partners and senior lawyers should take steps to construct and disseminate internal action plans and encourage open dialogue, says Elizabeth Ortega at ECO Strategic Communications.
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Our Current Approach To Trial Advocacy Training Is Lacking
The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.
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How Women In Law Can Advance Toward Leadership Roles
Female attorneys in leadership roles inspire other women to pursue similar opportunities in a male-dominated field, and for those who aspire to lead, prioritizing collaboration, inclusivity and integrity is key, says Kim Yelkin at Foley & Lardner.
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The Case That Took Me From Prosecutor To Defense Attorney
Former Assistant U.S. Attorney Moira Penza, now at Wilkinson Stekloff, recalls the challenges of her first case as a civil defense attorney — a multibillion-dollar multidistrict class action against Allergan — and the lessons she learned about building rapport in the courtroom and with co-counsel.
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The Importance Of Legal Macroeconomics Education For Attys
Most legal professionals lack understanding of the macroeconomic trends unique to the legal industry, like the rising cost of law school and legal services, which contributes to an unfair and inaccessible justice system, so law school courses and continuing legal education requirements in this area are essential, says Bob Glaves at the Chicago Bar Foundation.
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What ABA Student Well-Being Standards Mean For Law Firms
While the American Bar Association's recent amendments to its law school accreditation standards around student well-being could have gone further, legal industry employers have much to learn from the ABA's move and the well-being movement that continues to gain traction in law schools, says David Jaffe at the American University Washington College of Law.
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Series
Ask A Mentor: How Do I Build Rapport In New In-House Role?
Tim Parilla at LinkSquares explains how new in-house lawyers can start developing relationships with colleagues both within and outside their legal departments in order to expand their networks, build their brands and carve their paths to leadership positions.
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What Attys Should Consider Before Taking On Pro Bono Work
Excerpt from Practical Guidance
Piper Hoffman and Will Lowrey at Animal Outlook lay out suggestions for attorneys to maximize the value of their pro bono efforts, from crafting engagement letters to balancing workloads — and they explain how these principles can foster a more rewarding engagement for both lawyers and nonprofits.
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Opinion
NY Bar Admission Criminal History Query Is Unjust, Illegal
New York should revise Question 26 on its bar admission application, because requiring students to disclose any prior interaction with the criminal justice system disproportionately affects people of color, who have a history of being overpoliced — and it violates several state laws, says Andrew Brown, president of the New York State Bar Association.
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7 Ways Attys Can Improve Their LinkedIn Summaries
Lawyers can use LinkedIn to strengthen their thought leadership position, generate new business, explore career opportunities, and better position themselves and their firms in search results by writing a well-composed, optimized summary that demonstrates their knowledge and experience, says Guy Alvarez at Good2bSocial.
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How Law Firms And Attys Can Combat Imposter Syndrome
Imposter syndrome is rampant in the legal profession, especially among lawyers from underrepresented backgrounds, leading to missed opportunities and mental health issues — but firms can provide support in numerous ways, and attorneys can use therapeutic strategies to quiet their inner critic, says Helen Pamely at Rosling King.
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The Law Firm Qualities Partners Seek In Lateral Moves
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In 2022, partners considering lateral moves have new priorities, and firms that hope to recruit top talent will need to communicate their strategy for growth, engage on hot issues like origination credit and diversity initiatives, and tailor their integration plans toward expanding partners’ client base, says Gloria Sandrino at Lateral Link.
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Small Steps Can Help Employers Beat Attorney Burnout
Lawyers are experiencing burnout on a massive, unprecedented scale due to the pandemic, but law firms and institutional players can and should make a difference by focusing on small, practical solutions that protect their attorneys’ most precious personal resource and professional commodity — time, says Chad Sarchio, president of the District of Columbia Bar.
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The Evolving Role Of The Law Firm Legal Secretary
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Technological shifts during the pandemic and beyond should force firms to rethink how legal secretaries can not only better support timekeepers but also participate in elevating client service, bifurcating the role into an administrative support position and a more elevated practice support role, says Lauren Chung at HBR Consulting.