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Business of Law
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March 15, 2024
White House Stands By 3rd Circ. Nominee Amid GOP Attacks
White House Press Secretary Karine Jean-Pierre on Friday urged the Senate to confirm Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge, amid widespread criticism from Republicans and a report that the votes might not be there to secure confirmation.
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March 15, 2024
Trump's NY Trial Delayed After Late Document Dump
A New York judge on Friday postponed for at least several weeks the Manhattan district attorney's hush money trial against Donald Trump, citing a last-minute deluge of discovery from federal prosecutors.
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March 15, 2024
Ginsburg Family Rips Award In Her Name To Musk, Murdoch
Calling the decision an "affront" to her memory, family members and associates of the late U.S. Supreme Court Justice Ruth Bader Ginsburg have taken aim at how the foundation presenting her eponymous leadership award has named Elon Musk, Rupert Murdoch, Sylvester Stallone, Martha Stewart and Michael Milken as the 2024 honorees.
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March 15, 2024
Senate Poised To Vote On Union Atty Berner For 4th Circ.
The U.S. Senate is scheduled to vote on Tuesday night on the confirmation of Nicole Berner, general counsel of the Service Employees International Union, for the Fourth Circuit.
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March 15, 2024
NJ Panel Says Pro Se Attys Can Talk To Opposing Parties
An ethics committee of the New Jersey Supreme Court has issued an opinion that pro se attorneys may talk to a party without consent of that party's counsel, calling the American Bar Association's 2022 finding that such communication breaks a rule of professional conduct a "tortured and counterintuitive construction" of the rule.
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March 15, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
New data that showed the job market for experienced general counsel picked up to pre-pandemic levels last year was among the stories in corporate legal news you may have missed in the past week.
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March 15, 2024
Morgan Lewis Adds 3 Perkins Coie Attys To Investment Team
Global firm Morgan Lewis & Bockius LLP announced Friday that it has hired three ex-Perkins Coie LLP attorneys, including one of its practice group co-chairs, to strengthen its investment management team.
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March 15, 2024
Influencer Says Ex-BigLaw Atty Can't Get Stalking Injunction
A social media influencer urged a Florida federal court on Thursday to throw out a request from former Greenberg Traurig LLP patent attorney Allan Kassenoff for an injunction against cyberstalking as the lawyer pursues a $150 million defamation suit against him.
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March 15, 2024
As BCLP Bleeds Attys, Leaders Say Firm Is 'Turning A Corner'
Bryan Cave Leighton Paisner LLP has seen several high-profile partner departures in recent months, including multiple department and firm leaders. Despite hiring 206 lawyers globally since the start of 2023, the law firm's headcount contracted 6%, with former partners pointing to "balance sheet issues" and sluggish profitability as drivers.
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March 15, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.
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March 15, 2024
Alston & Bird, Ex-Employee File Deal After Contempt Threat
Alston & Bird LLP and its former diversity and inclusion administrator have presented their proposed $55,000 settlement in Georgia federal court concerning unpaid overtime claims, after a judge ordered them to appear in court to explain why they hadn't already filed one.
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March 15, 2024
Law360 Legal Lions Of The Week
Akin Gump Strauss Hauer & Feld LLP and Littler Mendelson PC kick off this week's edition of Law360 Legal Lions, with a win for business groups striking down the National Labor Relations Board's joint employer rule.
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March 14, 2024
GOP Sens. Rebuff Policy Meant To Stop Judge Shopping
Senate Minority Leader Mitch McConnell and two other Republican senators on Thursday sent a letter urging chief judges to continue to assign cases as they see fit despite the Judicial Conference of the United States' newly tweaked policy aimed at preventing litigants from "shopping" for the judge of their choice.
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March 14, 2024
DC Circ. Won't Delay Prison For Ex-Trump Aide Peter Navarro
The D.C. Circuit on Thursday refused to permit former White House adviser Peter Navarro to avoid reporting to prison by Tuesday while he appeals his sentence, ruling that Navarro hasn't shown that his appeal is likely to result in a new sentence that doesn't involve imprisonment.
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March 14, 2024
72-Year Weil Alum, 'True Visionary' Corporate Atty Dies At 97
Ira M. Millstein, the legendary Weil Gotshal & Manges LLP senior partner who helped save New York City from bankruptcy in the 1970s and used his bipartisan connections to help smooth Ruth Bader Ginsburg's path to the federal judiciary, has died, the firm said Thursday.
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March 14, 2024
Denver DA Settles Ex-Deputy's Gender Pay Discrimination Suit
The Office of the Denver District Attorney has settled a Colorado state court lawsuit with one of its former prosecutors, who alleged she was paid less than her male colleagues in similar roles, and the office disclosed Thursday it agreed to pay the attorney $7,500 to resolve the dispute.
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March 14, 2024
Trump Can't Duck Classified Doc Charges Over Vagueness
The Florida federal judge overseeing the criminal prosecution of former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate denied his bid Thursday to toss the indictment based on the "unconstitutional vagueness" of the Espionage Act, opting instead to punt the issue to later in the case.
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March 14, 2024
Judge Applauds Attys' 'Very Awesome' Use Of Google AI Bot
A California federal judge told counsel Thursday it's "very awesome" that their recently amended putative class action complaint alleging privacy violations against Google used Google's own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers' websites, but he doubted the viability of other pleadings.
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March 14, 2024
Colo. Magistrate Judges Tell Attys To Load Up Their Dockets
A group of federal magistrate judges for the District of Colorado told a room of attorneys Wednesday not to dismiss them as the "junior varsity bench," urging lawyers to take advantage of their expertise in a district where the latest newly appointed district judges all served as magistrate judges first.
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March 14, 2024
Atty Rips Fox Rothschild's Gag Order Bid As 'Temper Tantrum'
The attorney for two men suing Fox Rothschild LLP for malpractice has hit back against the firm's request for a gag order — which came after he called the firm a "corrupt organization" and threatened criminal prosecution — calling it a "temper tantrum" and claiming Fox Rothschild is merely trying to distract from the events that led him to make those comments.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
O'Melveny Elects Chair To 4th Term, Extending Role To 2029
The longtime chair of O'Melveny & Myers will hold the position for five more years following his recent election to serve another term as the firm's leader.
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March 14, 2024
McDermott Eyes White Collar Growth With Orrick FCPA Pros
McDermott Will & Emery LLP announced Thursday the addition of a seven-partner team from Orrick Herrington & Sutcliffe LLP that will focus on the Foreign Corrupt Practices Act and the False Claims Act, saying it hired the team with an eye toward its white collar and government investigation capabilities.
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March 14, 2024
Trump's NY Trial May Be Delayed After Document Dump
The Manhattan district attorney on Thursday proposed delaying former President Donald Trump's hush money trial by up to 30 days after federal prosecutors recently disclosed tens of thousands of pages of documents related to the past criminal case of a key witness, ex-Trump attorney Michael Cohen.
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March 14, 2024
Katten Adds Ex-Paul Hastings Securities Litigation Co-Chair
Katten Muchin Rosenman LLP announced Thursday that it has hired a longtime Paul Hastings LLP attorney who was global co-chair of his former firm's securities litigation practice for its New York office.
Expert Analysis
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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The Lawyer Personalities That Make Up Joint Interest Groups
As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.
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How ITC's Junior Atty Program Can Benefit Firms, Clients
Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases
A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.
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An Associate's Guide To Rebounding After A Layoff
Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.
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AML Regulation Of Lawyers Is Imminent And Controversial
The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.
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Key Adaptations For Law Firms Amid Quiet Quitting Movement
While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
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2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment
The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.
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Creating A Hybrid Work Policy? Be Intentional And Inclusive
The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.