Business of Law

  • June 28, 2017

    Ropes & Gray Defends 'Strategic' Cuts To Patent Practice

    Ropes & Gray LLP’s patent litigation team is approximately half the size it was five years ago, and the firm’s patent prosecution team is set to leave later this year. Here, former partners and the firm’s leadership offer their disparate views on the group’s drastic transformation.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the title holder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 28, 2017

    DC Court Picks Face Senate Panel Ahead Of ABA Report

    Two of President Donald Trump’s picks to fill vacant seats on the D.C. District Court faced a Senate panel Wednesday amid Democrats’ concern that the American Bar Association had not finished its evaluation of the pair.

  • June 28, 2017

    DLA Offices Struggle To Get Back Online After Cyberattack

    DLA Piper attempted to restore its systems Wednesday following the massive global ransomware attack that crippled an array of businesses and government agencies in Russia, Europe and the U.S.

  • June 28, 2017

    Plaintiffs Bar Perspective: Beasley Allen's Andy Birchfield

    Honesty and integrity should be hallmarks of any communication style. Juries, judges and opposing counsel notice, and it can make a world of difference whether delivering a closing statement, making an important argument, or negotiating a global settlement, says Andy Birchfield of Beasley Allen Crow Methvin Portis & Miles PC.

  • June 27, 2017

    Massive Hack That Hit DLA Piper, Others May Be New Norm

    DLA Piper and several multinational companies became the victims of a devastating cyberattack on Tuesday, the second major attack to hit worldwide in two months, and the differences between this hack and the Wannacry intrusion in May lead experts to believe the battle to guard corporate security isn't over, and may never end.

  • June 27, 2017

    Steptoe Hit With Equal Pay Act Suit By Ex-Associate

    A former Steptoe & Johnson LLP associate hit the firm with a putative class action alleging she and other female attorneys earned tens of thousands of dollars less than their male counterparts, the latest in a string of suits against major law firms alleging gender-based pay inequality.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Malpractice Claims Steady As Defense Costs Rise: Report

    The rainstorm of malpractice suits on U.S. lawyers isn’t drying up, according to an annual survey of major professional liability insurers, as the number of alleged big-ticket losses from bad legal work remained high last year.

  • June 26, 2017

    Supreme Court Review: Biggest Cases, Sharpest Dissents & Firms That Won Big

    President Donald Trump watches as Supreme Court Justice Anthony Kennedy administers the judicial oath to Justice Neil Gorsuch in the Rose Garden of the White House on April 10. (AP)

  • June 26, 2017

    Kushner Taps Chadbourne's Abbe Lowell In Russia Probe

    Jared Kushner added top white collar defense lawyer Abbe Lowell of Chadbourne & Parke LLP to his legal team in the ongoing U.S. Department of Justice and congressional probes over alleged ties between Russian election meddling and the Trump campaign, Law360 confirmed Monday. 

  • June 26, 2017

    Paul Hastings To Pay $46.5M In Deal To End ExamWorks Suit

    The Delaware Chancery Court is set to consider in September an $86.5 million deal settling the challenge to Leonard Green & Partners $2.2 billion purchase of ExamWorks Group Inc., with Paul Hastings LLP, accused of aiding and abetting alleged fiduciary duty breaches, responsible for $46.5 million of that amount.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    3 Reasons Litigators Fear the Calif. Gibson Dunn DQ Ruling

    The California Supreme Court’s recent refusal to take up the disqualification of Gibson Dunn & Crutcher LLP amid a privilege dispute in a malpractice litigation has experts worried the case will create a new privilege minefield and invite sanctions for long-accepted practices around waivers and otherwise confidential materials shared with nonlawyers. Here, Law360 looks at three reasons litigators find the California disqualification opinion troubling.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Series

    My Strangest Day In Court: When I Did Nothing And Won

    Mark Morris

    After looking at all of the factual nuances associated with proving a constructive trust, I hit upon a strategy that I had never used before — namely, do nothing, say nothing and hope the IRS fails in its proof, recalls Mark Morris of Snell & Wilmer LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.