Business of Law

  • November 17, 2017

    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.

  • November 17, 2017

    Law360's Pro Say: GOP Goes To War With ABA Over Judges

    On the latest episode of Law360's Pro Say podcast, the team discusses the escalating war of words between Republicans and the American Bar Association over how judicial nominees are vetted. We also tackle a BigLaw attorney in hot water after her comments about sexual harassment on Fox News, the Menendez corruption trial ending in a hung jury, and some unusual facts about one of President Donald Trump's judicial picks.

  • November 17, 2017

    Fla. Judicial Panel Offers Sens. 4 Names For District Seat

    The commission tasked with screening candidates for federal judgeships in Florida sent four names — two trial court judges and two appellate judges — to the state's U.S. senators for a vacancy in the Northern District of Florida.

  • November 17, 2017

    Trump Adds 5 Names To Supreme Court Potential List

    President Donald J. Trump announced on Friday the addition of five new names to the list of judges that he will draw upon to fill a potential vacancy in the U.S. Supreme Court.

  • November 17, 2017

    Ex-Weinstein Attys Muddy BigLaw's Rep For Keeping Secrets

    Defying the tight-lipped tradition of lawyers who have represented reviled clients, two of Harvey Weinstein’s former attorneys have issued public explanations of their work and spoken extensively to the press about their “mistakes,” a phenomenon some experts say undermines public confidence that lawyers, regardless of their own reputations, will keep client matters close.

  • November 17, 2017

    'Long Siege' For Ex-Dewey Controller Ends With No Jail

    The former controller at Dewey & LeBoeuf LLP saw the end to what his attorney called a “long and arduous siege” on Friday when he was sentenced to 100 hours of community service after cooperating in the prosecution of his ex-colleagues for more than three years.

  • November 17, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. Supreme Court turned away four notable employment cases, a study found more legal departments are looking to grow their outside counsel spending next year,​ and Kraft Heinz Co.'s GC told Law360 about the changing food industry. These are some of the top stories in corporate legal news you may have missed last week.

  • November 16, 2017

    Grassley To Tear Up 'Blue Slips' To Advance 2 Trump Judges

    The chair of the Senate Judiciary Committee, Sen. Chuck Grassley, R-Iowa, is looking to advance two of President Donald Trump's choices for appellate courts, he said Thursday, bucking a century-old tradition allowing home-state senators to have a say in judicial nominations.

  • November 16, 2017

    Senate OKs Trump Pick For S.C. Judicial Vacancy

    The Senate voted Thursday to approve Donald C. Coggins Jr. to fill a vacant district judgeship in South Carolina, sending a nominee previously put up by former President Barack Obama to the federal bench.

  • November 16, 2017

    Senate Panel Mulls Approving Judges Who Used Marijuana

    Members of the Senate Judiciary Committee on Thursday discussed changing an informal policy on federal judicial nominees who used marijuana, potentially approving of candidates who had one or two “incidental” uses after passing the bar.

  • November 16, 2017

    Law360's Weekly Verdict: Legal Lions & Lambs

    Weil Gotshal heads up the legal lions list this week, snagging a precedential win at the Federal Circuit finding the U.S. Supreme Court's TC Heartland decision was a change in law, while Skadden and King & Spalding ended up on the lambs list after their client, Johnson & Johnson, was slammed with a $247 million verdict in a hip implant bellwether trial.

  • November 16, 2017

    Tax Bill's Legal Fee Provision May Burden Attorneys

    Some attorneys are reeling from a provision inserted in the House and Senate’s tax plans that would effectively erase a Ninth Circuit decision allowing attorneys to deduct expenses advanced to clients in contingent-fee cases, potentially placing a burden on practitioners and affecting the availability of legal services.

  • November 16, 2017

    Don’t Let ABA Post Letter About Cooley, Law School Urges

    Western Michigan University's Thomas M. Cooley Law School has asked a Michigan federal judge to make the American Bar Association remove a letter from its website raising questions about Cooley student qualifications, saying continued publication would hurt the school's reputation and violate its due process rights to appeal.

  • November 16, 2017

    Am Law 200 Firms Struggled To Grow In 2017

    Am Law 200 firms continue to face sobering challenges as they lack the growth in gross revenue and demand that the top 100 law firms have experienced, according to a new survey released Thursday.

  • November 15, 2017

    ABA Judicial Ratings Remain In GOP Senators' Crosshairs

    Senate Republicans criticized the chair of the American Bar Association’s judicial rating committee Wednesday, as the body’s evaluation of several of President Donald Trump’s nominees as “not qualified” added fuel to partisan struggles over filling vacancies on the federal bench.

  • November 15, 2017

    Texas Judicial Picks Defend Writings, Tweets Before Senate

    President Donald Trump’s picks for two Fifth Circuit seats pushed back on criticism of their past writings — and in the case of Texas Supreme Court Justice Don Willett, his tweets — before a Senate panel Wednesday.

  • November 15, 2017

    Dentons Launches In-House Consulting Team With Ex-GCs

    Dentons on Wednesday launched a strategic consulting service with more than 50 former general counsel from around the world to offer mentoring to in-house counsel.

  • November 14, 2017

    Gordon Rees Atty Out Of Mgmt. For Harassment Remarks

    A Gordon & Rees LLP executive leader who said on a cable news program that legitimate victims of sexual harassment are “few and far between” has resigned from her management roles at the firm.

  • November 14, 2017

    Sens. Prod Pentagon Legal Picks On North Korea, Sex Assault

    Nominees to a pair of Pentagon legal jobs largely cruised through a Senate Armed Services Committee hearing Tuesday as lawmakers prodded them for their views on issues ranging from sexual assault prosecution to the legality of preemptive war against North Korea.

  • November 14, 2017

    Fired DLA Piper Atty Can't Nix Firm's Arbitration Win

    A California state judge confirmed an arbitration award in favor of DLA Piper in a former employee’s wrongful termination and discrimination suit Tuesday, saying that the court doesn’t have discretion to decide whether the arbitrator improperly denied the attorney an opportunity to bring in certain evidence.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Series

    My Strangest Day In Court: Arguing From The Gallery

    M.C. Sungaila

    Appellate lawyers are usually silent observers at trial who collaborate on legal strategy, conduct research during court breaks, and craft jury instructions, verdict forms and major motions. But as I discovered in one trial, this is not always the case, says M.C. Sungaila of Haynes and Boone LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Series

    My Supreme Court Debut: Calm, Confidence And Poise

    Jean-Claude André

    It would be disingenuous to suggest that my heart did not skip a beat when I walked into the U.S. Supreme Court knowing I would be arguing there for the first time an hour later. However, my experience demonstrates that a first-time advocate can approach the lectern calmly and confidently through thorough preparation, says Jean-Claude André of Sidley Austin LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Solving Pay Equity Questions With Regression Analysis

    Charles Diamond

    All types of companies, including law firms, often wonder how a pay analysis can be beneficial if there are so many factors that can't be captured in a statistical model. The good news is that regression analysis is quite adequate in modeling the quantitative factors that drive pay, but can also be used to understand and isolate nonquantitative factors, say Charles Diamond and Rick Holt of Resolution Economics LLC.