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Business of Law
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April 29, 2024
'Hell No': Judge Rejects Ex-NSA Worker's Lighter Sentence Bid
A Colorado federal judge on Monday sentenced a former National Security Agency employee to nearly 22 years in prison for trying to sell classified national security information to someone he believed to be a Russian agent, calling the conduct "as close to treasonous as you can get."
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April 29, 2024
Kirkland Adds 2nd Funds Group From Goodwin This Year
Kirkland & Ellis LLP has hired a group of four attorneys specializing in investment funds from Goodwin Procter LLP, the firm said Monday, following its addition of five investment funds lawyers from the same firm in February.
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April 29, 2024
NJ Legal Groups Fight Ban On Out-Of-State Atty Referral Fees
The New Jersey State Bar Association and other Garden State professional legal groups are looking to reverse guidance from a New Jersey Supreme Court ethics committee prohibiting the state's certified attorneys from paying referral fees to out-of-state lawyers.
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April 29, 2024
11th Circ. Should Nix Tax Court Judges' Shield, Widow Says
The widow of a supermarket butcher told the Eleventh Circuit that the U.S. Tax Court not only wrongly upheld tax liabilities against her stemming from her husband's tax filings but also erroneously affirmed unconstitutional job protections for its judges.
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April 29, 2024
Turkey Cos. Seek Swift Appeal Of Burford's Ability To Sue
Some of the country's largest turkey producers have asked an Illinois federal court for permission to immediately appeal a March ruling that allows a Burford Capital investment unit to pursue price-fixing allegations against them, arguing the Seventh Circuit should weigh in on whether the investor is permitted to bring such a claim.
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April 29, 2024
Titan Of The Plaintiffs Bar: Robbins Geller's Spencer Burkholz
Robbins Geller Rudman & Dowd LLP's Spencer A. Burkholz is quick to downplay his accomplishments litigating major securities cases during his lengthy career, saying effective teamwork has been the key to those successes.
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April 29, 2024
Immigration Firm BAL Lands 21 Attys From Seyfarth
Immigration firm Berry Appleman & Leiden LLP is set to welcome about 90 legal professionals — including 21 attorneys — from Seyfarth Shaw LLP this summer and will open a new office in Atlanta as part of the expansion, the firm said Monday.
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April 29, 2024
The Best Therapy For Lawyers, According To Ex-Lawyers
Attorneys-turned-therapists say no one understands the stresses of being a lawyer like another lawyer. They also say their clients sometimes struggle at first with treatment that prioritizes feelings, mindfulness and even body awareness over the intellectualizing and rationalizing that make them successful at their jobs.
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April 29, 2024
EEOC Guidance Addresses Telework, Shields LGBTQ Workers
The U.S. Equal Employment Opportunity Commission on Monday unveiled the final version of its enforcement guidance on workplace harassment, updating the agency's advice to factor in developments such as the U.S. Supreme Court's landmark Bostock decision and the rise of remote work.
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April 29, 2024
Justices Won't Hear Musk's Case Against SEC Gag Order
The U.S. Supreme Court on Monday said it will not review the terms of a settlement Elon Musk entered into with the U.S. Securities and Exchange Commission six years ago, keeping intact a Second Circuit decision that upheld the terms of a deal that said the Tesla CEO must receive preauthorization before making certain social media posts about the car manufacturer.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
In Case You Missed It: Hottest Firms And Stories On Law360
For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
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April 26, 2024
Trump Casts Tabloid Deal As 'Standard Operating Procedure'
Donald Trump's attorneys tried to undermine Manhattan prosecutors' lead witness in his criminal trial on Friday, casting his deal to boost his presidency with the help of a friendly tabloid baron as nothing more than a savvy business relationship that was perfectly legal.
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April 26, 2024
How Legos, 'Working Girl' Sealed $10B Sibling Rivalry Win
A father-son attorney team used Legos and an argument borrowed from the 1988 film "Working Girl" to help a Los Angeles jury understand how their client's own brother illegally stole his multibillion-dollar real estate business, leading to a $10 billion verdict for their client and his other brothers, the attorneys told Law360.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
TikTok GC To Step Down, Work On Overturning US Law
The global general counsel for TikTok and parent company ByteDance will be stepping down from his role in June to take on a different job within the social media giant, the company announced Friday: fighting a new federal law requiring ByteDance to divest in TikTok or face a ban in the U.S.
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April 26, 2024
Coverage Recap: Day 4 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day four.
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April 26, 2024
2 NC Sens. Seek Atty Fee Cap In Debt Collection Suits
Two Republican North Carolina lawmakers have proposed state legislation that would close a loophole for attorney fees in debt collection actions while giving courts more power to determine a reasonable charge.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
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April 26, 2024
Senators Urge ABA To Look Into Rape Questions On Bar Apps
Several members of the Senate Judiciary Committee wrote to the American Bar Association on Friday urging it to study how state bar applications require would-be attorneys to disclose sexual violence.
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April 26, 2024
Florida's Top Judge Tapped For 2nd Term As Chief Justice
Florida Supreme Court Chief Justice Carlos G. Muñiz will serve a second term as the top administrative officer of the state's judicial system.
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April 26, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A report by LexisNexis' CounselLink found that average law firm partner billing rates rose 5.4% in 2023, and a federal jury in Colorado rejected a former in-house attorney's claim that Loeb & Loeb LLP and one of its ex-partners acted outrageously in filing a lawsuit accusing him of stealing a medical device company's trade secrets.
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April 26, 2024
Law360's Legal Lions Of The Week
Aidala Bertuna & Kamins PC leads this week's edition of Law360 Legal Lions, after New York's highest state court overturned Harvey Weinstein's rape conviction in a contentious, split opinion that found the former movie mogul's first jury proceeding was unfair.
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April 26, 2024
Paul Weiss Partner Gertzman Remembered As Moral Leader
Michael E. Gertzman, the former chair of Paul Weiss Rifkind Wharton & Garrison LLP's litigation department who died Wednesday, is being remembered "as a mentor, role model, partner and friend."
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April 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.
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Series
Keys To A 9-0 High Court Win: Get Back To Home Base
When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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5 Gen X Characteristics That Can Boost Legal Leadership
As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.
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6 Questions For Boutique Firms Considering Mergers
To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.
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5 Tips For Adding Value To Legal Clients' Experience In 2023
Faced with a potential economic downturn this year, attorneys should look to strengthen client relationships now by focusing on key ways to improve the client experience, starting with a check-in call to discuss client needs and priorities for the coming year, say attorneys at Troutman Pepper.
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6 Ways To Avoid Compounding Errors When Practicing Law
For lawyers and law firms, inevitable human error can lead to claims of malpractice or ethical violations, but the key is to avoid exacerbating mistakes by adding communication failures, conflicts of interest or insurance coverage losses, says Mark Hinderks at Stinson.
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What Will Keep Legal Talent Professionals Up At Night In 2023
Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.
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The Most-Read Legal Industry Law360 Guest Articles Of 2022
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from the "great resignation" to potential expansion of attorney-client privilege.
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Remote Work: The Top Law360 Guest Articles Of 2022
In 2022, Law360 Expert Analysis writers examined how remote and hybrid work is affecting the legal industry and many areas of law, including employment, cybersecurity, patent venue, immigration and tax.
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The Most-Read IP Law360 Guest Articles Of 2022
IP Law360 guest experts dug into sanctions on Russia, Elizabeth Holmes' trade secret defense, and other key topics including non-fungible tokens, patent examiner classification and inventor testimony in a busy 2022.