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Business of Law

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs. (This article is part of a series on how the island’s legal industry is rebuilding after Hurricane Maria.)

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too. (This article is part of a series on how the island’s legal industry is rebuilding after Hurricane Maria.)

  • February 15, 2019

    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 15, 2019

    Law360's Pro Say: Ditching A Criminal Record Is No Easy Task

    Roughly one in three Americans have some type of criminal record, and in today’s interconnected world, that information is easily accessible and can present a barrier to employment, housing or education. On this week’s episode of Pro Say, reporter RJ Vogt stops by to explain how states are stepping in to help people clear their records, and how that remedy can still be hard to access.

  • February 15, 2019

    Gone Phishing: How Law Firms Can Thwart Cyber Hustlers

    While cyberattacks may come via email or social media, the underlying crime is one of human deception that could have occurred in the past by phone or in person. Yet the high-tech nature of such scams may make them harder to sniff out, with a recent case of a Dentons attorney being a cautionary tale.

  • February 15, 2019

    Up Next At High Court: Ginsburg's Return Likely For IP Args

    Two disputes involving patent challenges and trademark licenses are the only cases on the U.S. Supreme Court docket this holiday week, which is expected to feature Justice Ruth Bader Ginsburg's first return to the bench in over two months since she underwent cancer surgery.

  • February 15, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Charges brought against a former senior attorney at Apple sent a warning to general counsel about insider trading risks, and technology companies teamed up to create a summer internship for women, minorities and other first-year law students who are committed to improving diversity and inclusion. These are some of the stories in corporate legal news you may have missed in the past week.​

  • February 15, 2019

    Justice Ginsburg Returns To High Court After First Absence

    Justice Ruth Bader Ginsburg returned to the U.S. Supreme Court on Friday morning and is attending a private conference, a court spokesperson confirmed, marking her first in-person appearance at the high court since she underwent surgery for lung cancer in December.

  • February 14, 2019

    Calif. High Court Won't Hear Winston & Strawn Petition

    The California Supreme Court has declined to review the ruling that sunk Winston & Strawn LLP's arbitration agreement with a former attorney alleging gender discrimination, though one justice believed the case warranted review.

  • February 14, 2019

    Dems Slam Trump's DC Circ. Pick Over Activist Group Ties

    Senate Democrats renewed their attacks on Neomi Rao, President Donald Trump's pick to replace U.S. Supreme Court Justice Brett Kavanaugh on the D.C. Circuit, saying Thursday she is too involved with right-leaning activist groups to make impartial decisions.

  • February 14, 2019

    Fired King & Spalding Attorney Says High Court's On His Side

    A former King & Spalding LLP associate pursuing a wrongful termination suit against the firm says a 1984 U.S. Supreme Court decision in a separate case against King & Spalding means he has a green light to seek damages for allegedly being knocked off the partnership track.

  • February 14, 2019

    Judges Can't Refuse To Perform Same-Sex Marriages: ABA

    The American Bar Association on Valentine’s Day announced a new ethics opinion stating that it is unethical for judges to refuse to perform marriages for same-sex couples, explaining that doing so violates a judge’s duty to be impartial.

  • February 14, 2019

    Apple Case Sends Warning To GCs On Insider Trading Risks

    General counsel can try to deter employees from insider trading by establishing policies, preclearance requirements and training measures, but no plan is foolproof, experts say, as seen in the accusations brought this week against a former senior attorney at Apple Inc.

  • February 14, 2019

    Law360's Weekly Verdict: Legal Lions & Lambs

    Skadden snagged the top legal lions spot this week by winning the dismissal of a $1.2 billion shareholder lawsuit against BlackRock Inc., while Nexsen Pruet ended up among the legal lambs after client Walmart was hit with a $95 million verdict in a trademark infringement suit.

  • February 14, 2019

    Baker Botts' New Managing Partner To Focus On Tech, Energy

    John W. Martin will take over as the new managing partner of Baker Botts LLP effective April 1, the firm announced on Wednesday, and the focus of his first term will be the firm's growth on both coasts and in the United Kingdom with an emphasis on the technology and energy sectors.

  • February 14, 2019

    Sens. Reintroduce Litigation Funding Transparency Bill

    Republican senators have reintroduced a bill that would require parties in class action lawsuits to disclose any third-party funding arrangements, with the sponsors saying that this increased transparency would head off potential conflicts of interest and bring more accountability to the litigation funding industry.

  • February 14, 2019

    Senate Confirms Kirkland's William Barr As Attorney General

    The Senate confirmed Kirkland & Ellis LLP counsel William Barr to serve as President Donald Trump’s second attorney general Thursday, despite most Democrats voting no amid concerns about how he will handle Special Counsel Robert Mueller’s probe into Russian election interference.

  • February 14, 2019

    Avenatti Loses Control Of Firm Amid Claim He Hid Millions

    Michael Avenatti has agreed to give up control of his bankrupt law firm's finances after a former partner accused Avenatti of "brazen acts of bankruptcy fraud," including hiding million of dollars and surreptitiously stealing artwork from the firm's former office in an attempt to duck a $10 million judgment. 

  • February 13, 2019

    No Bias In Skadden FARA Deal, Judge Tells Russian Co.

    A Russian company criminally accused of a “wide-ranging conspiracy” hindering enforcement of the Foreign Agents Registration Act cannot look to the government’s civil settlement with Skadden Arps Slate Meagher & Flom LLP over FARA violations earlier this year as proof of prosecutor bias against Russians, a Washington, D.C., federal judge said Wednesday.

  • February 13, 2019

    Veteran Walmart Atty To Take GC Reins At Red Cross

    The American Red Cross has appointed one of Walmart Inc.’s longtime in-house attorneys as its new general counsel, the charity confirmed Wednesday, a year after its top lawyer resigned amid allegations that he mishandled a sexual misconduct case.

Expert Analysis

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

  • Guest Feature

    'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

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    Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.

  • Opinion

    Legal Operations Teams Are Gaining Popularity In EU

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    As the European and global economies continue to change, any legal department that does not want to get outflanked by faster, more agile competitors should consider the value that legal operations teams have to offer, says Hans Albers, president of the Association of Corporate Counsel Europe.

  • Why Proper Document Redaction May Be An Ethical Duty

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    Paul Manafort's attorneys recently filed a court document containing incompletely redacted information, highlighting the need for attorneys to become competent at redaction — or at least at verifying that redaction has been performed correctly. Failure to do either could be construed as legal malpractice, says Byeongsook Seo of Snell & Wilmer LLP.

  • Series

    Why I Became A Lawyer: A Refugee's Journey Of Firsts

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    Even as a child in war-torn Iran, I began to develop a sense of justice and a desire for equality and the rule of law. These instincts ultimately guided me to become a federal prosecutor, and now a partner in private practice, says Raymond Aghaian of Kilpatrick Townsend & Stockton LLP.

  • Keeping PR Strategy Communications Privileged: Part 2

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    Determining whether and to what extent your legal team should invite a PR agent into privileged communications requires weighing many factors — including the unsettled and evolving case law on whether such involvement destroys privilege protection and creates discoverable, usable evidence, says Jeffrey Schomig of WilmerHale.

  • Keeping PR Strategy Communications Privileged: Part 1

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    Companies faced with high-profile litigation often turn to public relations firms to help defend their reputations and maintain shareholder confidence. But recent cases are a reminder that internal PR firm documents face uncertain privilege protection, even when those documents are generated in support of a broader legal strategy, says Jeffrey Schomig of WilmerHale.

  • What Lawyers Can Do To Prevent And Combat Burnout

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    Lawyer burnout has been called a “romantic disorder” because it is characteristic of a work ethic admired in the legal culture. But the negative impacts of burnout are real and lawyers need to recognize the signs and solutions, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Law Schools Should Be More Like Medical Centers

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    Medical centers and their faculty matter to the practice of medicine. Law schools and their faculty do not matter to the practice of law, says J.B. Heaton of J.B. Heaton PC.