Business of Law

  • July 28, 2016

    2nd Circ. Won't Rethink NY In-State Law Office Requirement

    The Second Circuit on Thursday declined the chance to reconsider its decision upholding a New York law requiring nonresident attorneys to maintain a physical office in the state, keeping in place its controversial split ruling that such a law is constitutional.

  • July 28, 2016

    DC Court Upholds Its Ability Send Fee Cases To Arbitration

    The D.C. Court of Appeals on Thursday rejected a lawyer’s challenge of a D.C. Bar rule that gives the court authority to compel arbitration when a present or former client requests it in a fee dispute.

  • July 28, 2016

    GCs Think Most Law Firms Are Stuck In The Past, Survey Says

    While 43.5 percent of corporate counsel say their firms are changing for the better, the majority believe their firms are stuck and incapable of changing, according to a survey released Wednesday.

  • July 28, 2016

    4 Things You Should Say During Your Lateral Interview

    When you're an associate looking to make the jump to another firm, the prospect of interviewing can quickly lead to anxiety about how to present yourself in the best possible light, but there are ways to stack the deck in your favor.

  • July 28, 2016

    Law360's Weekly Verdict: Legal Lions & Lambs

    Attorneys from Jackson Walker LLP secured a rare reversal of a Patent Trial and Appeal Board ruling in a suit over a client’s fracking patent, placing them at the top of this week’s list of legal lions, while Greenberg Traurig LLP wound up a legal lamb after a Rhode Island federal judge disqualified the law firm from a suit against its former client Hasbro, finding a clear conflict of interest.

  • July 28, 2016

    GCs Outgrowing The Industry's Preferred Billing Codes

    There are few general counsel and outside lawyers who haven’t experimented with alternative fee arrangements at this point, but the hourly based billing standards that dominate the industry also keep lawyers bound to the billable hour. Here’s how a group of legal departments are working together to change that.

  • July 27, 2016

    Sedgwick Partner Sues Firm Over Gender Discrimination

    A nonequity partner at Sedgwick LLP filed a proposed class action against the firm on Tuesday, accusing the firm of gender-based discrimination and alleging the firm's all-male leadership team denied her and other women attorneys equal pay and promotions.

  • July 27, 2016

    9th Circ. Wants Calif. Justices' Input In Heller Dispute

    The Ninth Circuit on Wednesday asked the California Supreme Court to help resolve a dispute over whether the bankruptcy trustee for defunct law firm Heller Ehrman LLP can claw back unfinished business profits that its ex-partners earned representing its former clients at new firms.

  • July 27, 2016

    Rising Pro Bono Hours Reflect Legal Industry’s Changing Face

    Lawyers work an average of 64 hours of pro bono work annually, up eight hours from two years ago, according to a new survey, and the consultancy behind the report says it might be a case of law firms responding to shifts in attorney expectations and evolving in the long shadow of the last financial crisis.

  • July 27, 2016

    Hunton Ups First-Year Pay, But Plans To Nix Lockstep Model

    Many first-year associates at Hunton & Williams LLP can finally count themselves among the best-paid new attorneys in the industry, as the firm has decided to match the new $180,000 starting salary benchmark set by Cravath Swaine & Moore LLP, according to a report on Wednesday.

  • July 27, 2016

    How To Stop Your Best Lawyers From Getting Poached

    The legal industry has seen plenty of lateral partner movement in recent years as younger attorneys eschew the idea that lawyers should stay with a single firm while building their careers. Here, industry experts share their views on how to create a work environment that makes a firm’s top attorneys less likely to jump ship.

  • July 27, 2016

    New Attys Need Integrity, Common Sense Above Legal Skill

    Considering about 40 percent of students that graduated law school last year have not found full-time jobs that call for a law license, according to the American Bar Association, it’s clear that becoming a lawyer takes more than pulling through years of expensive additional education and passing a bar exam.

  • July 27, 2016

    Mass. Set To Adopt Uniform Bar Exam By 2018

    The Supreme Judicial Court of Massachusetts put its support behind the state adopting the Uniform Bar Exam, according to a court notice, making it the 24th jurisdiction to put the standardized test into effect.

  • July 26, 2016

    Ex-Gov.'s Atty Blasts 7th Circ. Judge For 'Abusive Demeanor'

    Well-respected U.S. Circuit Judge Frank Easterbrook of the Seventh Circuit is the subject of scathing criticism from a retired attorney who handled part of former Illinois Gov. George Ryan’s appeal of a corruption conviction, according to a law review article published Thursday.

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    3 Reasons Why Being A Good Lawyer Just Isn't Enough

    A good lawyer is often viewed as someone with a record of understanding and using the law to his or her client’s advantage, but in today’s industry, an exceptional knowledge of the law alone just doesn’t cut it, experts say.

  • July 26, 2016

    Firms Toughen Conflict Checks As Routine Becomes Knotty

    BigLaw is strengthening conflict checks when issuing subpoenas in sprawling intellectual property disputes, lawyers said, as what was once a routine discovery matter increasingly draws client ire and conflict headaches.

  • July 26, 2016

    Husch Blackwell Attys To Get Raises, But Not Cravath Matches

    Missouri-based Husch Blackwell LLP has decided to up the salaries of its first-year associates in the seemingly never ending wake of Cravath Swaine & Moore LLP’s setting of a new $180,000 starting salary benchmark, but new associates of the Midwest firm won’t be seeing that much green.

  • July 26, 2016

    The 8 Big Firms That Haven't Matched Cravath

    Nearly two months since the race to raise associate salaries started, a small percentage of the nation's largest law firms have shunned the lockstep pay hikes ushered in by Cravath Swaine & Moore LLP and instead have chosen to abstain. Here, find out who the mavericks are.

Expert Analysis

  • Preventing Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • OPINION: Our Juries Are Being Circumvented

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    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • Legal Aid, Meet Legal Tech


    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • An Update On Spoliation Sanctions Under Rule 37(e)

    Manuel J. Velez

    Manuel Velez and Colleen Tracy James of Mayer Brown LLP explore how federal district courts have dealt with sanctions for failure to preserve electronically stored information in the six months since changes to Rule 37(e) went into effect.

  • How To Close A Law Firm — Practically And Ethically

    Janis M. Meyer

    Winding down a law firm is at best stressful, at worst excruciatingly painful, and often carried out as if it were an emergency, rendering the process even more difficult. There are certain common steps that should be on the firm's radar from the moment the decision to dissolve is made, says Janis Meyer, a partner with Hinshaw & Culbertson LLP who helped oversee Dewey & LeBoeuf's 2012 bankruptcy filing and the subsequent wind-down of the firm.

  • The Smart Money Is Not Following Traditional Law Firms


    A recent survey by Deloitte shines a light on where legal delivery is headed. Demand for services is robust, but satisfaction with the incumbent delivery model is low. This disconnect underscores the opportunity for disruption, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • RFP Lessons: 5 Ways Law Firms Can Beat Frustration

    Richard A. Rosenbaum

    Requests for proposal now look more like information technology inquiries and may include a completely separate appendix directed at case management technology, billing and cybersecurity. We have a chance to thrive in this environment, but it takes collaboration and a reward system that reinforces the right behaviors, says Richard Rosenbaum, executive chairman of Greenberg Traurig LLP.