Business of Law

  • February 22, 2017

    4 Tips For Easing The Pain Of Answering Firm Subpoenas

    By and large, lawyers see responding to third-party subpoenas dropped on their firm as a thankless job. Often vague or overreaching, these requests for information related to current or past clients can be a hassle, so here are four ways keep the headaches to a minimum.

  • February 22, 2017

    More And More, Data Will Drive GC Choices For BigLaw Hires

    Corporate legal departments are increasingly relying on data to choose their outside lawyers, with some going as far as creating Yelp-like dashboards to keep track of them, leaving some law firms scrambling to keep up.

  • February 22, 2017

    NY's Sen. Gillibrand Says Gorsuch Confirmation Likely

    New York’s junior Democratic Senator said President Donald Trump’s pick for the Supreme Court will likely be confirmed, reportedly saying Tuesday that 10th Circuit Judge Neil Gorsuch will be the next associate justice.

  • February 22, 2017

    Davis Polk-Comcast Call May Have Sparked DreamWorks Deal

    A Davis Polk & Wardwell LLP attorney's phone call to a Comcast executive about the potential representation of a financial adviser in a business transaction may have spawned the cable giant’s $3.8 billion deal for DreamWorks, according to documents from an insider trading suit against a Hong Kong investor.

  • February 21, 2017

    Sidley-Authored Report On 9/11-Era Torture Defamatory: Suit

    A group of psychologists accused a Sidley Austin LLP attorney of crafting a report for the American Psychological Association that unfairly laid the blame on them for interrogation tactics used by the U.S. military after the 9/11 attacks, saying in an Ohio suit that he ignored evidence and bolstered a story by the doctors’ critics.

  • February 21, 2017

    ABA's Gorsuch Rating Due Out Before Confirmation Hearings

    The American Bar Association will release its laborious evaluation of U.S. Supreme Court nominee Neil Gorsuch before his confirmation hearings kick off on March 20, handing senators a powerful factor for evaluating whether to promote the Tenth Circuit judge to the nation’s top bench.

  • February 21, 2017

    Munsch Hardt Co-Founder Dies In Australian Plane Crash

    Munsch Hardt Kopf & Harr PC on Tuesday confirmed that one of its founding partners, noted bankruptcy and banking attorney Russell Munsch, was among those killed in a fatal plane crash in Melbourne, Australia, on Monday.

  • February 21, 2017

    US Law Firm Expansion Follows The Money, Report Says

    Law firms tend to enter regions experiencing rapid growth in emerging corporate sectors by attempting to lure away key partners from other firms, while the days of large regional firms catering to businesses in specific geographic areas are gone, a recent paper said.

  • February 17, 2017

    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.

  • February 17, 2017

    Auditor Reviewed Dewey's London Tax Docs, Jury Hears

    A defense attorney for ex-Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Friday questioned the firm's former overseas finance director’s assertion that certain accounting maneuvers Sanders had pursued were improper, showing a New York jury evidence that outside auditors had reviewed the transactions.

  • February 17, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Facebook's general counsel dodges a defamation claim over a press statement, Anthem and Cigna face off over the future of their merger, and the D.C. Circuit revives a suit challenging the SEC's controversial in-house court. Those stories top the corporate legal news you may have missed last week.

  • February 17, 2017

    Justice Thomas Unlikely To Recuse Despite Wife's Politics

    While the desire expressed by U.S. Supreme Court Justice Clarence Thomas' wife to organize pro-President Donald J. Trump activists may raise shouts for the conservative judge's disqualification in the event of a high court review of a Trump executive order, ethics experts said: Don't waste your breath.

  • February 17, 2017

    Judge Gorsuch ‘Hopefully’ Confirmed In April, McConnell Says

    The Senate’s top Republican, Mitch McConnell, said Friday he wants to have President Donald Trump’s pick for the U.S. Supreme Court confirmed in the next two months, putting a ticking clock on the nomination of Tenth Circuit Judge Neil Gorsuch.

  • February 16, 2017

    Trump Slams 9th Circ. As Court In ‘Chaos,’ ‘Turmoil’

    President Donald Trump slammed the Ninth Circuit on Thursday as a court in “chaos” and “turmoil,” claiming at a news conference that the court has been overturned by the Supreme Court “at a record number,” a record that’s actually held by the Sixth Circuit, according to a recent Politifact study.

  • February 16, 2017

    Dewey Ex-Finance Head Says Accounting Fix Was Wrong

    The former international finance director at Dewey & LeBoeuf LLP testified in Manhattan criminal court on Thursday that one of two ex-Dewey executives facing a fraud retrial asked her to make accounting entries she thought were improper.

  • February 16, 2017

    Law360's Weekly Verdict: Legal Lions & Lambs

    Jones Day snagged this week’s top legal lion spot after the law firm one-upped long-time winner Skadden Arps Slate Meagher & Flom LLP on a list of the most recognized U.S. law firm brands while O’Melveny & Myers LLP’s week wasn’t as sweet after client Google was hit with a $20 million verdict in a suit over malware protection patents.

  • February 16, 2017

    NY Needs Fresh Look At Judiciary System, State Bar Says

    The New York State Bar Association believes that heavy caseloads and an excessive number of trial courts create a complex and inefficient judicial system in the state, saying in a report Thursday that these issues should be addressed if voters decide this November to hold a constitutional convention in 2019.

  • February 16, 2017

    Fla. Supreme Court Declines To Adopt Daubert Standard

    The Florida Supreme Court declined Thursday to adopt a measure to bring state court standards for the admissibility of expert witnesses in line with federal courts, over concerns that doing so would undermine the right to a jury trial and inhibit access to the courts.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 15, 2017

    How To Stand Out In A Large Law Department

    In large law departments, in-house counsel who don't distinguish themselves are doomed to languish unnoticed among the masses. Here's how to make an impression with general counsel and other company leaders to move up the ranks.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • My Strangest Day In Court: When My Expert Had A Meltdown

    Esther Holm

    As I was going through one of the plaintiff’s claims — post-traumatic stress disorder — with my expert witness, the good doctor could not even recall the elements of the disorder! Then, suddenly, he pointed his finger at a young juror, remembers Esther Holm of Lewis Brisbois Bisgaard & Smith LLP.

  • Talking 'Bull': Episode 14, It's Classified

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.