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Business of Law
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March 20, 2024
Stanford Law School Picks Professor As Its Next Dean
Stanford Law School has looked within for its new dean, tapping a professor and associate vice provost for research for the role.
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March 20, 2024
Trump Gets Ga. Court's OK To Appeal Willis DQ Ruling
Donald Trump and his co-defendants in the Georgia election-interference case won permission Wednesday to immediately appeal a ruling allowing Fulton County District Attorney Fani T. Willis to remain on the case despite concerns about her romantic relationship with a special prosecutor.
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March 20, 2024
Clifford Chance Pulls Offers From Trainees Who Failed Exam
Clifford Chance LLP has withdrawn offers from U.K. trainees who failed to pass the solicitors' qualifying exam on their first attempt as the new system continues to prove challenging for aspiring lawyers.
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March 20, 2024
IRS Withholding Docs On Partnership Audits, Baker Atty Says
The Internal Revenue Service has not responded to a request for documents pertaining to the agency's scrutiny of large partnerships and should be forced to disclose them, an attorney with Baker McKenzie told a D.C. federal court.
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March 20, 2024
Dentons AML Ruling Deals Blow To SRA's Enforcement Plans
The failure by the Solicitors Regulation Authority to secure a sanction against Dentons over the firm's handling of anti-money laundering checks on a former client is a blow to the regulator's enforcement ambitions which – if upheld – could prompt caution in future prosecutions, lawyers say.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
How BigLaw Vets Are Expanding Trial Boutique Dowd Bennett
Law360 Pulse recently caught up with James Bennett, co-founder of boutique litigation firm Dowd Bennett LLP, to discuss the firm's expansion this year in Chicago and Dallas.
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March 19, 2024
Ex-Lewis Brisbois Atty Sues Firm, Pointing To Racist Emails
A former Lewis Brisbois Bisgaard & Smith LLP lawyer filed race and disability discrimination claims against the firm on Tuesday, alleging that he was forced to resign after dealing with medical issues that prompted the firm to take away his cases and wrongfully withhold his pay.
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March 19, 2024
Trump Allies Say DC Circ. Gave Partisan Attys 'A Loaded Gun'
The D.C. Circuit's rejection of former President Donald Trump's purported immunity from indictment will trigger "the complete partisan weaponization of criminal law" and empower officeholders to "clear the field of their political rivals," supporters of the beleaguered ex-president told the U.S. Supreme Court on Tuesday.
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March 19, 2024
Nevada Dem. Says She Can't Support 3rd Circ. Nom.
U.S. Sen. Catherine Cortez Masto, D-Nevada, on Tuesday became the first Democrat to publicly say she cannot support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge, if confirmed.
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March 19, 2024
Kirkland Restructuring Ace To Join Hilco Global As Vice Chair
James H.M. Sprayregen, the founder of Kirkland & Ellis' restructuring practice group and a well-known deal-maker in the corporate restructuring and mergers and acquisitions community, is set to join Hilco Global as a vice chair, the financial services holding company announced Tuesday.
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March 19, 2024
Schumer Scolds McConnell For Judge-Shopping Policy Rebuff
Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes."
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March 20, 2024
Senate Confirms SEIU General Counsel As 4th Circ. Judge
The Senate voted 50-47 on Tuesday evening to confirm Nicole Berner, general counsel of the Service Employees International Union, to a Fourth Circuit judgeship.
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March 19, 2024
Trump Asks Supreme Court For Absolute Criminal Immunity
Former President Donald Trump implored the U.S. Supreme Court on Tuesday to find that former presidents are absolutely immune from criminal charges related to official acts, warning the court that its adoption of a fact-specific test could appear as a "gerrymandered ruling tailored to deprive" him alone of immunity.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Confederate Statue At NC Courthouse Must Stay, Panel Says
The North Carolina Court of Appeals ruled Tuesday that local officials can't get rid of a Confederate statue outside a county courthouse, finding the statue is protected by a state law barring the removal of historic monuments.
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March 19, 2024
2 Arbitration Bodies Donate $750K For Diversity Efforts
Two nonprofits focused on the alternative dispute resolution field — the American Arbitration Association-International Centre for Dispute Resolution Foundation and the JAMS Foundation — jointly announced on Monday a $750,000 grant to support efforts to increase diversity among arbitrators and mediators.
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March 19, 2024
Vicente LLP Sues Recruiter Over Fee Demand In Failed Search
Vicente LLP is alleging that a Florida-based recruiter wants money for nothing after a failed search for a corporate attorney to join the cannabis law firm, during which one of the two proposed candidates turned out to be someone Vicente already worked with and later hired in a different role.
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March 19, 2024
Ex-Lynch Carpenter Atty Hits Firm With Whistleblower Case
A former associate for Lynch Carpenter LLP has brought a whistleblower suit in Los Angeles Superior Court claiming labor code violations, discrimination, breach of contract and retaliation after allegedly witnessing "multiple instances of unethical conduct that he believed constituted fraud and/or legal malpractice."
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March 19, 2024
2nd Circ. Says 'Mandate Rule' Gives Judges Little Leeway
A district court judge must hold a new trial if there are instructions for one when a case is remanded, the Second Circuit said Tuesday in an order reviving an excessive force case, clarifying lower courts can defy such mandates only in "very limited" circumstances.
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March 19, 2024
Kilpatrick Taps IP Leader As Next Firm Chair
Kilpatrick is turning to the leader of its intellectual property department in Atlanta to succeed the firm's longtime chair when he steps down from the role later this year.
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March 19, 2024
Pro-Trump Mich. Atty Evading Warrant Arrested In DC
A Michigan attorney facing state criminal charges of tampering with voting machines was released on a $10,000 unsecured bond in Washington, D.C., on Tuesday after she was arrested following a hearing in separate defamation litigation brought by Dominion Voting Systems.
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March 18, 2024
Trump Can't Use Quasi-Advice Of Counsel Defense In NY Trial
Donald Trump cannot use an informal "presence of counsel" defense in the Manhattan district attorney's hush money case against him, a New York judge ruled Monday, rejecting a strategy that would have allowed the former president to blame his ex-attorneys without having to divulge details about the purported legal advice.
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March 18, 2024
Atty For Ex-Overstock CEO Admits Dominion Discovery Leaks
A lawyer representing former Overstock.com CEO Patrick Byrne against a defamation lawsuit from Dominion Voting Systems admitted to a D.C. federal judge on Monday that she shared Dominion's discovery documents with law enforcement as Dominion's attorneys decried the leak as a flagrant violation of a court protective order.
Expert Analysis
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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.
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Perspectives
How Civilian Attorneys Can Help Veterans
With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.
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Series
My Favorite Law Prof: How I Learned That Culture Shapes Law
U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
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9 Legal Ethics Considerations In Natural Disaster Preparation
Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
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Series
My Favorite Law Prof: How I Learned To Put Law Into Practice
Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.
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What To Consider When Leaving BigLaw To Go Solo
Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.