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Business of Law
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April 18, 2024
NY Appeals Court Revives AI Firm CLO's Claim For Pay
In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.
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April 18, 2024
Ousted Clerk Was A 'Loose Cannon,' NC Justices Told
An attorney who started proceedings that led to the ouster of former Franklin County Clerk of Court Patricia Chastain urged the North Carolina Supreme Court to keep her out of office, arguing that she undermined judicial authority through a series of incidents, including a "vulgar" accidental call to a magistrate judge.
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April 18, 2024
9th Circ. Affirms Rosette's Win In Tribe Representation Fight
The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.
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April 18, 2024
3rd Circ. Hesitates To Hear Hunter Biden Appeal In Gun Case
The Third Circuit suggested it may be premature to hear Hunter Biden's appeal of a Delaware federal court's denial of his three motions to dismiss felony firearm charges.
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April 18, 2024
7th Circ. Nom Heads To Senate Despite GOP Backlog Criticism
The Senate Judiciary Committee advanced five judicial nominees Thursday, including U.S. District Judge Nancy L. Maldonado, a nominee for the Seventh Circuit, whom Republicans had questioned about a backlog of cases in her court.
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April 18, 2024
Shook Hardy Lands Bicoastal Trial Team From Carlton Fields
Shook Hardy & Bacon LLP announced Thursday that it has brought on a highly experienced, four-attorney complex litigation team from Carlton Fields that is based in Los Angeles, Miami and Atlanta.
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April 18, 2024
Jury Of 12 Picked For Trump Hush Money Case In NY
A jury of 12 New Yorkers was selected Thursday for the hush money trial of former President Donald Trump on charges he falsified business records to keep news of an extramarital affair from damaging his 2016 electoral prospects.
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April 17, 2024
Ethics Panel Douses Judge DQ Talk In 5th Circ. CFPB Case
A judicial ethics panel has concluded that recusal isn't automatically required for the Fifth Circuit judge whose financial disclosures have fueled calls for his disqualification from litigation challenging the Consumer Financial Protection Bureau's $8 credit card late fee rule.
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April 17, 2024
UC Berkeley Law Dean Vouches For Dunn At Disciplinary Trial
University of California, Berkeley School of Law Dean Erwin Chemerinsky testified as a character witness Wednesday in attorney Joseph Dunn's disciplinary trial, saying he holds the ousted California State Bar executive director in the highest regard, and his opinion is unlikely to change whatever the trial's outcome.
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April 17, 2024
Mintz Sues Parking Meter Co. Over $4.3M IP Legal Bill
Mintz Levin Cohn Ferris Glovsky and Popeo PC sued parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., in Massachusetts federal court Tuesday, accusing its former clients of owing $4.3 million in unpaid legal fees and interest for representing CivicSmart in a since-settled patent litigation.
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April 17, 2024
Menendez Trial Date In Limbo Over Pact On Atty's Testimony
A co-defendant's reticence has stalled an agreement on the scope of a Gibbons PC attorney's testimony in the bribery case of U.S. Sen. Robert Menendez and two New Jersey businessmen, leaving the much-litigated trial date of May 6 in limbo.
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April 17, 2024
SEC Has Careful Eye On Disclosures Amid Israel-Hamas War
Against the backdrop of protracted war, the U.S. securities watchdog is urging U.S.-listed Israeli companies to disclose more details describing how the Israel-Hamas conflict is affecting their operations in order to keep investors apprised of risks, lawyers say.
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April 17, 2024
Bankman-Fried Appeal May Cite Unusual Preview Testimony
Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.
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April 17, 2024
GOP Sens. Raise Ethical Concerns Over 6th Circ. Nominee
Republicans went after a nominee for the Sixth Circuit during a hearing on Wednesday over allegations that he has behaved unethically as a prosecuting attorney, and that the White House picked him through a "backroom deal."
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April 17, 2024
Conn.'s 1st Female Justice Remembered As Trailblazer
Ellen Ash Peters, the first woman appointed to the Connecticut Supreme Court and, later, the first woman elevated to chief justice, has died at age 94, the Connecticut Judicial Branch confirmed Wednesday.
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April 17, 2024
Biden Taps Kaplan Hecker, MoFo Attys For DC Appeals Court
President Joe Biden on Wednesday announced he is nominating a Kaplan Hecker & Fink LLP civil rights litigator and the co-chair of Morrison Foerster LLP's appellate and Supreme Court practice to serve on the D.C. Court of Appeals.
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April 17, 2024
Acclaimed Legal Scholar Earns ABA Ethics Award
The American Bar Association on Wednesday announced that this year's recipient of its Michael Franck Professional Responsibility Award will be Susan Fortney, a Texas A&M University School of Law professor and ethics expert whose research has earned her international recognition.
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April 17, 2024
Tesla To Vote On Reviving Musk's $55B Pay, Moving To Texas
Attorneys for Tesla Inc. notified Delaware's chancellor Wednesday that the company will seek stockholder approval June 13 for the same $55.8 billion Elon Musk compensation plan voided by Chancery Court on Jan. 30, along with reincorporation of Tesla as a Texas company.
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April 17, 2024
IBM Privacy Head Says AI Needs Transparency To Be Trusted
To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.
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April 16, 2024
Ex-Calif. Bar Exec Denies Expensing Trip As Ethics Trial Starts
Former California State Bar executive Joseph Dunn took the stand Tuesday on the first day of his disciplinary trial over claims he lied about bar funds used for a trip to Mongolia in 2014, maintaining he never sought reimbursement for expenses incurred in Mongolia other than his phones' roaming charges.
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April 16, 2024
Netflix's Legal Head Departs, Says 'Mission Has Been Fulfilled'
Netflix's well-known director of legal operations and technology, Jenn McCarron, has left the company after five years, according to a post shared on LinkedIn on Monday, with McCarron commenting that her "mission has been fulfilled" at the entertainment company.
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April 16, 2024
Winston & Strawn Settles Brief-Plagiarizing Allegations
A Tuesday filing indicated that Winston & Strawn LLP has managed to settle copyright infringement allegations coming from a boutique intellectual property firm that went to a federal court in Manhattan to accuse the BigLaw firm of copying a motion-to-dismiss filing "nearly verbatim."
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April 16, 2024
Jackson, Barrett Seek Enron Law Compromise In Jan. 6 Case
The U.S. Supreme Court grappled Tuesday with whether an obstruction of Congress statute enacted in the wake of an accounting scandal can be read broadly enough to prosecute alleged U.S. Capitol rioters.
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April 16, 2024
Smartmatic Settles Election Defamation Suit Against OANN
Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.
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April 16, 2024
NJ Hospital GC Emails Doom $24M Verdict For Surgeons
The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.
Expert Analysis
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Where Kavanaugh May Land On SEC In-House Court Issue
Justice Brett Kavanaugh's agreement with the U.S. Supreme Court majority in West Virginia v. U.S. Environmental Protection Agency, along with a previous dissenting opinion in the D.C Circuit, is a good predictor of his views in two cases challenging judicial procedures at the U.S. Securities and Exchange Commission and Federal Trade Commission, says Evan Stewart at Cohen & Gresser.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid
A prevailing party may have a 2-3 chance of getting paid under the Section 285 fee-shifting statute for patents, making reform efforts to ensure receipt of payment worth considering, say Adam Shartzer and Josh Carrigan at Fish & Richardson.
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3 Pricing Trends In Law Firm Use Of Litigation Funding
As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
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Opinion
Litigation Funders Seek Transparency In Disclosure Debate
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
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5 Principles For Better Professional Development Programs
The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
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Series
My Favorite Law Prof: How I Learned To Practice With Passion
First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
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Questions To Ask Before Making A Lateral Move As Partner
Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.
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Roundup
My Favorite Law Professor
As law schools navigate adapting to the pandemic, technological advancements, and the needs and expectations of Gen Z, this Expert Analysis series features stories of teaching methods that have had a meaningful impact on members of the legal industry.
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Pointers For Women IP Attorneys Building Fed. Circ. Practices
Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.
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Series
My Favorite Law Prof: How I Learned To Argue Open-Mindedly
Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
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ABA's No-Contact Rule Advice Raises Questions For Lawyers
The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
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4 Key Skills For An Effective Attorney Coaching Conversation
As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.