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Business of Law
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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.
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April 16, 2024
Feds Want To Boot Gibbons Atty From Menendez Bribery Case
Prosecutors plan to call a Gibbons PC attorney as a witness during the bribery trial of U.S. Sen. Robert Menendez of New Jersey and want him disqualified from representing another defendant in the case, they told a New York federal judge Tuesday.
Expert Analysis
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The Most-Read Employment Law360 Guest Articles Of 2022
This year, issues related to noncompetes, no-poach enforcement and abortion access were among the most popular employment law topics in Law360's Expert Analysis section.
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Trial Tips: The Top Law360 Guest Articles Of 2022
Law360 guest experts offered commentary on the high-profile trials of 2022 and highlighted best practices for attorneys, such as key principles for sound closing arguments that win over jurors, strategies to help witnesses stay focused, and how to recognize the most common cognitive distortions that can cripple witnesses' testimony.
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The Most-Read Securities Law360 Guest Articles Of 2022
Ongoing regulatory uncertainty for cryptocurrencies created fertile ground for litigation and enforcement this year, with Law360 Expert Analysis writers discussing a flurry of U.S. Securities and Exchange Commission actions that fulfilled the agency's promises of a clampdown.
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Roundup
The Future Of Legal Ops
Legal operations professionals discuss the most important demands facing corporate legal departments today, and how companies are changing or are expected to change in order to adapt.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Law Schools Must Prep Students To Tackle Gun Violence
Given that Gen Z — the so-called mass shooting generation — is now of law school age, it's time for schools to invest more in courses, clinics and other resources to prepare their students to enter the growing field of gun violence prevention litigation, says Kaivan Shroff at Everytown for Gun Safety.
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How In-House Attys Can Manage Cyber Risks Of Mass Layoffs
As mass layoffs expose employers to greater cyber threats, in-house attorneys should include cybersecurity considerations in their preparation for and management of the employee separation process, including in separation agreements and exit interviews, says Foster Sayers at Pramata.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.
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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.