Business of Law

  • May 22, 2018

    NY Lawmakers Tap Interim AG Underwood To Finish Term

    Acting New York Attorney General Barbara D. Underwood was tapped Tuesday by the state legislature to serve out the remainder of Eric Schneiderman’s term after he resigned earlier this month amid allegations of physical abuse by four women.

  • May 22, 2018

    King & Spalding Draws Rebuke In Bid To Toss Firing Suit

    A New York federal judge on Tuesday rejected King & Spalding LLP’s bid to escape allegations it fired an associate for raising ethical concerns about two partners, saying at a hearing she found it "incredibly hard" to buy the firm's stated reasons for terminating him.

  • May 22, 2018

    Eagan Avenatti Owes Ex-Partner $10M From Bankruptcy Deal

    A California bankruptcy judge on Tuesday entered a $10 million judgment against defunct class action law firm Eagan Avenatti LLP — which is owned by Michael Avenatti, the attorney representing adult film actress Stormy Daniels in her legal battle against President Donald Trump — finding the firm defaulted on its bankruptcy-resolving settlement with a former partner over allegedly unpaid fees.

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.

  • May 22, 2018

    New England's Bernstein Shur Updates Parental Leave Policy

    New England-based law firm Bernstein Shur Sawyer & Nelson PA said Tuesday it has implemented a new parental leave policy that allows 16 weeks of paid leave for attorneys regardless of their gender, making no distinction between primary and secondary caregivers.

  • May 22, 2018

    Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

    One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

  • May 22, 2018

    Legal Tech Download: Reed Smith, Norton Rose, Bryan Cave

    The world of legal technology is quickly evolving, with new products coming to market in rapid succession. Here, Law360 takes a look at six recent developments.

  • May 21, 2018

    Calif. Bar Exam Pass Rate Still Falling, Hits Record Low

    Only 27.3 percent of attorney hopefuls who took the California bar exam earlier this year passed, a record low, according to data released Friday by the State Bar of California.

  • May 21, 2018

    After Kozinski, 9th Circ. Sets New Workplace Policies

    Months after the resignation of Ninth Circuit Judge Alex Kozinski following allegations of sexual harassment, the appellate circuit on which he sat rolled out a series of policy changes aimed at preventing workplace harassment for court employees, according to a statement Monday.

  • May 21, 2018

    Ogletree Sex Harassment Row Likely Headed To Arbitration

    A California judge on Monday tentatively ruled a Lewis Brisbois Bisgaard & Smith LLP partner must arbitrate his suit alleging he was sexually harassed by a shareholder at his former firm, Ogletree Deakins Nash Smoak & Stewart PC, saying Ogletree’s arbitration agreement holds up even if the suing attorney never signed it.

  • May 21, 2018

    Law Firms Are Doing Just Fine, And That's The Problem

    Ten years after the Great Recession sent the legal industry reeling, the majority of law firms have stabilized, but by focusing more on survival than on innovation, firms have left themselves open to newer, less obvious threats to this tentative status quo, a new report says.

  • May 21, 2018

    Atty Hopefuls With Criminal Records Face Hazy Paths Forward

    Tarra Simmons had the sort of resume that might seem like she could sail through the bar application process, but her application was nearly denied because she also has a criminal record. Different states have a range of views on admitting attorneys with criminal records, and thanks to a lack of data and lack of transparency, such applicants can face an uncertain path forward. It’s an issue that’s getting increasing attention and leading some to seek reforms.

  • May 21, 2018

    Why Smaller Firms Are More Keen To Enter The Cloud

    Law offices adopted cloud-based solutions in greater numbers last year, but for the most part, smaller firms are leading the charge, with BigLaw's relative slowness attributable to a reluctance to abandon large IT infrastructures already in place and lingering concerns about security and cost.

  • May 21, 2018

    15 Minutes With PepsiCo’s General Counsel

    Dave Yawman didn’t give much thought to becoming the general counsel at PepsiCo, where he has worked for nearly 20 years, until the day after he was asked to fill the position in November. Here, he discusses the changes at the global food and beverage corporation during his tenure and the way discontent can lead to success.

  • May 18, 2018

    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.

  • May 18, 2018

    3 Things To Know About Congress' New Litigation Funding Bill

    A recent bill introduced in the U.S. Senate that sponsors say will discourage gambling by the multibillion-dollar litigation funding industry is far from the first effort to regulate private legal investors. Here, Law360 looks at three things that distinguish the Litigation Funding Transparency Act of 2018.

  • May 18, 2018

    Law360's Pro Say: Is Sports Betting Coming To Your State?

    On the latest episode of Law360's Pro Say podcast, we tell you what you need to know about the U.S. Supreme Court's sports betting ruling; break down the latest battle in Apple and Samsung’s smartphone patent war; discuss law schools demanding answers from BigLaw about the use of nondisclosure agreements; and talk about a woman who took a painful toilet tumble.

  • May 18, 2018

    NJ Federal Judge Shortage Continues, Chief Jurist Says

    The judicial shortage in New Jersey federal court continues, with no appointments by President Donald Trump on the horizon, leaving a mounting caseload for a short-staffed bench spanning three outposts throughout the state, U.S. District Judge Jose J. Linares told his colleagues on Friday at the state bar association's convention in Atlantic City.

  • May 18, 2018

    Volume Of Undecided High Court Cases Raises Eyebrows

    Even after issuing seven opinions since last week, the U.S. Supreme Court still has a whopping 32 cases that need to be decided by the end of the term just over one month away, leaving court-watchers to speculate about what’s been slowing things down on First Street.

  • May 18, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The general counsel of Novartis stepped down in the wake of news reports that the pharmaceutical company paid a business owned by President Donald Trump’s personal lawyer, and GCs ranked the firms they think have the strongest brands. These are some of the stories in corporate legal news you may have missed in the past week.​

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Opinion

    Litigation Funding Bill Lacks Policy Rationale

    Matthew Harrison

    Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.