Business of Law

  • September 13, 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.

  • September 13, 2019

    Venable Sacks Ex-NFL Player's Suit Over Mayweather Fight

    A California state appellate court has shot down a former NFL linebacker’s suit alleging that Venable LLP mishandled his investment in a Floyd Mayweather Jr. boxing match, ruling Thursday that he lacked standing to sue because the firm never dealt with him but rather with a limited liability company that handled his money.

  • September 13, 2019

    O'Melveny Seeks To Duck Malpractice Suit After Arbitration

    O'Melveny & Myers LLP has urged a California federal court to affirm an arbitrator’s finding that it did not engage in malpractice when it represented both a defunct money management firm and its CEO in a contract dispute brought by a shareholder.

  • September 13, 2019

    Jones Day Attys 'Very Much Regret' Grand Jury Redaction Slip

    Jones Day on Friday expressed remorse for exposing details about grand jury proceedings in a criminal case alleging fraudulent opioid marketing, telling a Virginia federal judge that a software oversight allowed a reporter to peek behind faulty redactions in a court filing.

  • September 13, 2019

    Trustee Seeks Ch. 7 Conversion For LeClairRyan Bankruptcy

    The Office of the U.S. Trustee on Thursday asked a Virginia bankruptcy court to convert the Chapter 11 case of defunct law firm LeClairRyan PLLC to a Chapter 7 liquidation, saying the firm has not been collecting on its accounts as quickly as anticipated.

  • September 13, 2019

    Law360's Pro Say: Is The Gig Economy Doomed In California?

    The California state legislature passed a bill this week making it harder for businesses to classify their workers as independent contractors. On this week's Pro Say podcast, we discuss how the law could be especially disruptive for the likes of Uber, Lyft and other companies in the so-called gig economy.

  • September 13, 2019

    Atty Can't Block Red Sox Purchase Of Street By Fenway Park

    A local attorney can't stop the Boston Redevelopment Authority from selling the Red Sox the permanent rights to a street next to the team's Fenway Park stadium, the Massachusetts Supreme Judicial Court said Friday.

  • September 13, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The Trump administration has lauded a privacy shield data pact relied on by thousands of businesses, the probes into Google's search and advertising policies have highlighted cracks between enforcers, and the Federal Trade Commission said it's working on new guidance for tech companies. These are some of the stories in corporate legal news you may have missed in the past week.​

  • September 13, 2019

    Meet The Attys Leading The Opioid MDL 'Negotiation Class'

    A team of six top attorneys will now be representing a novel “negotiation class" on behalf of cities and counties in the opioid multidistrict litigation with the hopes of hammering out a global settlement with opioid manufacturers and distributors accused of fueling the devastating epidemic. Here are the six negotiators and some of their biggest cases and notable achievements.

  • September 13, 2019

    Sidley Doubles Down On Activism Practice With New Co-Lead

    Sidley Austin is stepping up its push to have partners handle shareholder activism matters full time, bringing on a new co-lead whose activism career has featured work on the legal, hedge fund and investment banking sides of the industry, the group's leaders told Law360.

  • September 13, 2019

    8 Clyde & Co. Insurance Partners Leave To Start Own Firm

    A sizable chunk of Clyde & Co.’s San Francisco office has decided to depart in order to launch a new firm, including eight partners whose practices focus on insurance and monitoring in the cyber and professional negligence spaces, the firm confirmed Friday.

  • September 12, 2019

    Ginsburg Says 'Courageous People' Must Restore Civility

    Just weeks out from the next U.S. Supreme Court term, Justice Ruth Bader Ginsburg gave poor marks to the nation's current political climate Thursday and said it will take "courageous people" on both sides of the aisle to restore what she considers a lost era of bipartisanship.

  • September 12, 2019

    Ex-Greenberg Traurig Attys Get 11th Circ. Nods

    President Donald Trump has named two recently appointed Florida Supreme Court justices, who both previously worked as commercial litigators at Greenberg Traurig LLP, as his picks to fill Eleventh Circuit bench seats, the White House announced Thursday.

  • September 12, 2019

    Kanye West Drops Quinn Emanuel For Bird Marella In EMI Suit

    Rapper and producer Kanye West has ditched Quinn Emanuel Urquhart & Sullivan LLP as his representation in a case in New York federal court involving his longtime music publisher EMI and switched to attorneys with Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • September 12, 2019

    3rd Circ. Probes Missing Docs In LSAT Taker's ADA Row

    A Third Circuit panel on Thursday was confounded by an aspiring attorney's request to be granted more time and other concessions for her law school entrance exam when she didn’t provide any documentation to test administrators that she’s disabled, nor did she tell them about her troubles obtaining the required proof. 

  • September 12, 2019

    Judge In Brock Turner Case Loses Girls' Tennis Coaching Gig

    Recalled California state judge Aaron Persky, who gained notoriety after sentencing Stanford swimmer Brock Turner to only six months in prison following his sexual assault conviction, has been fired from his high school girls' tennis coach job.

  • September 12, 2019

    Law360’s Guide To Trump’s Judicial Picks

    With 150 judicial appointments under his belt, President Donald Trump is reshaping the federal judiciary for decades to come. Here is Law360's comprehensive guide to the nominations.

  • September 12, 2019

    Ex-MoFo Partner Fairfax Hits CBS With $400M Defamation Suit

    Virginia Lt. Gov. Justin Fairfax is seeking $400 million over claims CBS defamed him by airing and promoting one-sided interviews with two women he says falsely accused him of sexual assault, according to a suit the former Morrison & Foerster LLP partner filed Thursday against the news outlet.

  • September 12, 2019

    Law360's Weekly Verdict: Legal Lions & Lambs

    Three plaintiffs firms earned a spot on this week's legal lions list by securing a $37.3 million verdict in a Johnson & Johnson talc case, while Latham & Watkins LLP ended up among the legal lambs when a judge slapped client StarKist with a $100 million price-fixing fine.

  • September 12, 2019

    Ex-White & Williams Atty Fights Bid To Ax Bias Suit

    A black female attorney accusing White and Williams LLP of race and gender discrimination has hit back against the firm’s attempt to nix her suit, saying it “cherry-picked the allegations it finds easiest to argue against” and ignored facts that support her claims.

  • September 11, 2019

    Anonymity Order Unsealed In Jones Day Gender Bias Case

    A Washington, D.C., federal court on Wednesday revealed some of the reasoning behind its decision last month to deny anonymity to one of the attorneys suing Jones Day for alleged gender bias, although the court kept the woman’s identity under wraps since she is no longer part of the case.

  • September 11, 2019

    Kirkland, Littler Accused Of Hiding Litigation Funder Sale Info

    Kirkland & Ellis LLP and Littler Mendelson PC allegedly steered litigation funder Oasis Financial's private equity sale using fraudulent transaction documents while improperly keeping its minority co-owners out of the loop until it was final, an Oasis founder claimed Tuesday in Illinois state court.

  • September 11, 2019

    Senate Confirms 6 To Trial Courts, Marking 150 Trump Judges

    The U.S. Senate confirmed six district court nominees with broad bipartisan support Wednesday, including two first tapped by the Obama administration, marking the 150th Trump pick confirmed to the federal bench in less than three years.

  • September 11, 2019

    Jones Day Needs Mea Culpa To Avoid Grand Jury Flub Fallout

    Despite the justice system’s sensitivity about grand jury secrecy, a leak sprung by Jones Day lawyers this week in a badly redacted federal filing avoids courts’ usual sore spots and isn’t likely to draw a sanction — as long as the firm can explain how the blunder occurred.

  • September 11, 2019

    5th Circ. Judge Willett On Textualism And Giving Up Twitter

    Fifth Circuit Judge Don Willett talks about his new role in “middle management” after 12 years as a Texas Supreme Court justice, how to become an effective textualist and leaving behind the “cesspool” of social media in a Twitter-style Q&A.

Expert Analysis

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • New Insights On Privilege, Ethics Duties For In-House Attys

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    A New York federal court's recent decision in Fischman v. Mitsubishi Chemical Holdings dispels the notion that in-house legal advisers are prohibited from using information about their employers in pursuing discrimination claims against them, says Jessica Westerman at Katz Marshall.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • Opinion

    Limits Of Justice System Prevent Scrutiny Of Gender Bias

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    A Jane Doe plaintiff’s recent decision to no longer remain a named plaintiff in a sex discrimination class action against Jones Day, in order to avoid risks of disclosing her identity, speaks volumes about the structural challenges that allow discrimination to persist in some of our country’s most powerful business sectors, says Joseph Abboud at Katz Marshall.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • US V. Craig And The Criminalization Of Nondisclosure

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    A D.C. federal court's recent decision in United States v. Greg Craig highlights important points about the contours of a concealment charge under the false statements statute — under which silence can be criminal — and indicates that deliberate engagement with a governmental unit can itself impose a duty to disclose, say Eric Nitz and Emily Damrau of MoloLamken.