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Business of Law
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April 12, 2024
'Much More Is Coming': Experts See Wave Of AI-Related Suits
Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.
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April 12, 2024
Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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April 12, 2024
Fed. Circ.'s Competency Feud With Newman Turned Personal
A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.
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April 12, 2024
Berry Appleman Faces Disability Bias Suit By Ex-Tech Lead
Global immigration law firm Berry Appleman & Leiden is facing a disability discrimination suit filed Friday in Texas federal court by its former software tech lead, who says the firm set him up to fail when he sought reasonable accommodations for a coding project due to side effects from his medication.
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April 12, 2024
Judge Pauline Newman's Year In Her Own Words
April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.
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April 12, 2024
Trump Trial's Anonymous Jury Signals Sacrifice Of Service
As jury selection begins Monday in the criminal trial of former president Donald Trump, the panel's identities will remain shielded from the public and the media. So-called anonymous juries are relatively new and rare, but they're being used more and more for high-profile cases in an age of doxxing and political polarization.
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April 12, 2024
Law360's Legal Lions Of The Week
Reichman Jorgensen Lehman & Feldberg LLP and Bryan Cave Leighton Paisner LLP lead this week's edition of Law360 Legal Lions, after an Illinois federal jury found that Amazon owes $525 million in damages for infringing three patents covering cloud data storage technology.
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April 12, 2024
Panama Papers Attys Deny Money Laundering At Trial
Two attorneys who ran the Mossack Fonseca law firm in Panama, at the center of a 2016 leak that produced multiple convictions for tax evasion, pled not guilty with 27 others to money-laundering charges as a trial began in Panama, according to prosecutors.
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April 12, 2024
NY Court System Launches Panel To Study AI Risks, Rewards
New York's state court system has announced a new statewide advisory panel to study how the potential implementation of artificial intelligence could improve justice in the Empire State, as well as ways to avoid ethical risks posed by the new technology.
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April 12, 2024
DC Circ. Upholds Jan. 6 Rioter's 52-Month Sentence
The DC Circuit on Friday affirmed a judgment and 52-month sentence against a Texas militia leader who pled guilty to assaulting a law enforcement officer during the Jan. 6 riot at the U.S. Capitol, saying the judge had acted within his discretion in applying certain enhancements.
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April 12, 2024
The Week In Trump: Catch Up On The Ex-President's Cases
Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.
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April 12, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Key congressional leaders announced a surprising deal on a national data privacy framework, and a Republican congressman said he plans to ask the U.S. Securities and Exchange Commission to push back the compliance timeline for controversial rules governing corporate climate disclosures. These are among the stories in corporate legal news you may have missed in the past week.
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April 12, 2024
Kevin Carey, Bankruptcy Bench 'Legend,' Dies At 69
Former U.S. Bankruptcy Judge Kevin Carey, who served on the Delaware bench for 14 years and was hailed as a "legend in the bankruptcy world," died Thursday at the age of 69.
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April 12, 2024
Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box
As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."
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April 11, 2024
Orrick To Pay $8M To Settle Data Breach Litigation
A proposed class of data-breach victims asked a California federal judge Thursday to greenlight an $8 million settlement with Orrick Herrington & Sutcliffe LLP in litigation over a March 2023 data breach that purportedly exposed Social Security numbers and other personal information of more than 638,000 individuals.
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April 11, 2024
Leonard Leo Rebuffs Senate Judiciary Committee Subpoena
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.
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April 11, 2024
Jewish Attys Sue Union Over Dues After Pro-Palestine Stance
A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.
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April 11, 2024
Tax Controversy Quintet Joins Bradley Arant In Atlanta
Bradley Arant Boult Cummings LLP announced that it hired a five-person tax controversy team from Chamberlain Hrdlicka White Williams & Aughtry highlighted by the addition of three experienced partners, including two former Internal Revenue Service trial attorneys.
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April 11, 2024
Calif., NY And SD Judicial Nominees Advance To Full Senate
Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.
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April 11, 2024
OJ Simpson's Jury Was Sequestered. Why Not Trump's?
Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.
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April 11, 2024
Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand
A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.
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April 10, 2024
UC Berkeley Law Dean Defends Ejecting Protester From Home
University of California, Berkeley School of Law Dean Erwin Chemerinsky on Wednesday defended actions he and his wife, Berkeley law professor Catherine Fisk, took to try to stop a Muslim law student's protest at their home during a dinner for graduating students after an online video of the incident went viral.
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April 10, 2024
Nationwide Injunctions Spike Politicizes Judiciary, Study Says
Nationwide injunctions have dramatically increased in recent years, particularly during the Trump administration, a trend that has politicized the judiciary and risks further politicization without reforms, according to a study published in the Harvard Law Review on Wednesday.
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April 10, 2024
USPTO Outlines Possible Pitfalls For Attorneys Using AI
The U.S. Patent and Trademark Office on Wednesday detailed risks facing attorneys using artificial intelligence, warning that they must ensure that filings are accurate and humans played a role in inventions, which attorneys say illustrates that ethical rules are unchanged in the AI era.
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April 10, 2024
Dems Introduce Bill To Codify Policy Barring Judge Shopping
Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.
Expert Analysis
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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.
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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.