Business of Law

Companies' Litigation Caseloads Grow Faster Than Spending

In a reversal from last year, the number of cases companies are litigating is growing faster than the amount of money being spent on that litigation, according to a new report published Thursday.

As Money Increases In State Court Races, So Do Concerns

Millions of dollars are being spent in state judicial elections, particularly for Supreme Court races, which are likely to set records again this year, leading some to worry about that money's impact on judicial independence.

No Signs Of Supreme Court's Conservatives Slowing Down

The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

High Court 'Shadow Docket' Still A Long Shot For Companies

The U.S. Supreme Court has made frequent use of its "shadow docket" in recent years to decide blockbuster cases on an expedited basis without full briefing or argument, but the justices' recent actions indicate that companies are likely to be disappointed if they look to the docket as a realistic option for streamlining their appeals.

December 05, 2022
Giuliani Stands By Pa. Voter Fraud Suit In DC Ethics Hearing

Rudy Giuliani on Monday staunchly defended his role in filing a lawsuit aimed at helping former President Donald Trump overturn Pennsylvania's 2020 election results, telling a D.C. professional disciplinary committee his filings and arguments were reasonable and based on documentary evidence — some of which he laments has since gone missing.
December 05, 2022
BREAKING: Michael Avenatti Gets Another 14 Years For Client Theft

Michael Avenatti was sentenced to 14 years in prison by a California federal judge Monday for stealing from four clients — to be served after the five-year federal sentence he's currently serving — and was ordered to hand over approximately $8 million in restitution to the victims of his theft.
December 05, 2022
Jury Mulls Trump Org. Tax Fraud Case After Warning On Bias

A Manhattan jury on Monday began deliberations in the district attorney's tax fraud case against the Trump Organization after receiving instruction on New York's peculiar corporate criminal liability law and a renewed warning against anti-Trump bias.
December 05, 2022
Philly DA Krasner Strikes Back At Impeachment

Philadelphia District Attorney Larry Krasner, the subject of an upcoming impeachment trial in the Pennsylvania Senate over his performance as the city's top prosecutor, has claimed the proceedings against him are unlawful and should be shut down in two new Commonwealth Court filings.
December 05, 2022
Ex-Fox Sports Execs Can Get Perkins Coie Docs In FIFA Case

Two former Fox Sports executives caught up in the FIFA corruption scandal can subpoena Perkins Coie LLP and PwC in search of documents the men say could aid their defense, a New York federal judge has ruled.
December 05, 2022
O'Melveny, Cadwalader Latest BigLaw Firms To Set Bonuses

O'Melveny & Myers LLP and Cadwalader Wickersham & Taft LLP announced their year-end bonus plans on Monday, with O'Melveny mirroring the scale set by Baker McKenzie and Cadwalader following last year's scale set by Cravath Swaine & Moore LLP.
December 05, 2022
In Law Firm Race For Revenue, Top Dogs Stand Alone

Inflation, hand-wringing over the economy and even a possible recession will do little to close the widening revenue gap between a handful of legal giants grossing billions each year and other law firms, with longtime market consolidation only solidifying their dominance as BigLaw braces for a downturn.
December 05, 2022
The 2022 Law360 Pulse Prestige Leaders

Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys, ability to secure accolades and positive legal news media representation.
December 02, 2022
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.
December 02, 2022
NY AG's Chief Of Staff Resigns After Misconduct Probe

The chief of staff to New York Attorney General Letitia James has resigned following an independent investigation into misconduct, a probe that published reports said Friday stemmed from allegations of sexual harassment.
December 02, 2022
NY Officials Call DiFiore's Post-Judicial Perks 'Outrageous'

The chair of the New York State Senate Judiciary Committee said Friday that he would be seeking answers from court officials about why former Chief Judge Janet DiFiore continues to benefit from state-funded chauffeurs and protection after leaving office, perks that several state officials told Law360 were "outrageous."
December 02, 2022
Pro Say: A Historic Concussion Suit Comes Up Short

A historic challenge to the NCAA over its purported failure to warn college athletes about the dangers of repetitive head injuries fizzled in California state court last week as a jury found that the organization was not liable for the death of a former USC linebacker who was posthumously diagnosed with CTE.
December 02, 2022
Up Next At High Court: LGBTQ Weddings, Election Law

The U.S. Supreme Court will round out its November–December arguments with a pair of blockbuster cases concerning the First Amendment rights of religious business owners to turn down same-sex weddings and a novel election law theory that could vastly curtail the power of state courts to review election laws.
December 02, 2022
Interest Rates Doom Lender, Crypto Winter Persists

Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.
December 02, 2022
FTX's 'Havoc' May Strengthen Call For More Women In Crypto

For the former federal prosecutor behind a new professional group for women in cryptocurrency, the fall of FTX has brought a torrent of emotion. But it has also shined a light on the oft-overlooked women who have been sounding the alarm on risk in the industry.
December 02, 2022
50 Judges Open Up About Law Clerk Selection And Diversity

Landing a judicial clerkship can open many doors for recent law school graduates, but a new study based on confidential interviews with 50 federal appeals court judges provides a rare glimpse into how jurists fill those clerkships and why there is a persistent lack of diversity in law clerk hiring.
December 02, 2022
Legal Industry Continues Modest Job Growth

For the second month in a row, the number of legal industry jobs showed a modest increase, with the sector gaining approximately 800 jobs from October to November, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
December 02, 2022
DC Bar To Put Facts First In Giuliani Voter Fraud Ethics Case

Rudy Giuliani is set to face attorney disciplinary proceedings next week in Washington, D.C., in a case expected to center around whether he had a reasonable basis to level voter fraud allegations as part of a lawsuit aimed at helping then-President Donald Trump overturn Pennsylvania's 2020 election results.
December 02, 2022
Trump 'Explicitly' Approved Tax Fraud, DA Says As Trial Ends

Manhattan prosecutors on Friday directly accused former President Donald Trump of authorizing tax fraud by his executives in closing arguments of the criminal trial in New York state court against his Trump Organization companies.
December 02, 2022
10 More Firms Match Baker McKenzie Associate Bonuses

Ten more law firms have announced their year-end associate bonuses, with most so far mirroring the scale set by Baker McKenzie.
December 02, 2022
GC Cheat Sheet: The Hottest Corporate News Of The Week

A new study shows the nine law firms that general counsel most recommend, and McKinsey & Co.'s compliance department has been on a hiring spree, with at least six new recruits having connections to Walmart Inc.
December 02, 2022
UK Litigation Roundup: Here's What You Missed In London

The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.
December 02, 2022
Ex-Counsel For Macau Billionaire Wins $1.9M In Fees

Attorney Hugh H. Mo has won his requested $1.9 million in legal fees from former billionaire client Ng Lap Seng in relation to Mo's representation of him in a bribery case, a New York federal judge has ruled.
December 02, 2022
Ex-FBI, DOJ Atty Rejoins King & Spalding As Partner

King & Spalding LLP has rehired a former firm attorney who most recently held several senior roles at both the Federal Bureau of Investigation and the U.S. Department of Justice.
December 01, 2022
Del. Judge Lists Red Flags To Justify Funding Probe

Delaware's chief judge has detailed the full story of why he's investigating whether patent monetization entity IP Edge is controlling seemingly unrelated litigation after the patent owners called on the Federal Circuit to intervene.

Expert Analysis

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.
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.
Opinion

Law Schools Are Right To Steer Clear Of US News Rankings

By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
Opinion

Litigation Funders Seek Transparency In Disclosure Debate

Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
5 Principles For Better Professional Development Programs

The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
Series

My Favorite Law Prof: How I Learned To Practice With Passion

First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
Questions To Ask Before Making A Lateral Move As Partner

Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.
Roundup

My Favorite Law Professor

As law schools navigate adapting to the pandemic, technological advancements, and the needs and expectations of Gen Z, this Expert Analysis series features stories of teaching methods that have had a meaningful impact on members of the legal industry.
Pointers For Women IP Attorneys Building Fed. Circ. Practices

Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.
Series

My Favorite Law Prof: How I Learned To Argue Open-Mindedly

Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
ABA's No-Contact Rule Advice Raises Questions For Lawyers

The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
4 Key Skills For An Effective Attorney Coaching Conversation

As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.
Perspectives

How Civilian Attorneys Can Help Veterans

With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.
Series

My Favorite Law Prof: How I Learned That Culture Shapes Law

U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
9 Legal Ethics Considerations In Natural Disaster Preparation

Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.