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Business of Law
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May 03, 2024
Gen AI Shows Promise — And Peril — For Pro Se Litigants
Research on the capabilities of generative AI tools to help self-represented people has shown potential, but there is broad disagreement about how and when pro se litigants should be using them alone.
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May 03, 2024
AI Legal Tools Could Be Too Pricy For Those Most In Need
At a moment when generative AI is showing potential to help poor and underserved communities address legal issues they've historically had to face without representation, some experts warn that the cost of legal AI tools could put them out of reach for those who need them the most.
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May 03, 2024
How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'
Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.
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May 03, 2024
Colo. Jury Hits Berkshire Unit With $7M Monopoly Verdict
A Colorado federal jury on Friday awarded the rival of a Berkshire Hathaway-owned construction supplier $6.7 million for the larger company's monopolistic practices, hours after a judge scolded the Berkshire company's lawyer because he "crossed a line" during closings.
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May 03, 2024
California Judge Ousted For 'Willful,' 'Prejudicial' Misconduct
A California state judge has been removed from the bench after an investigation found that he conducted a campaign of retaliation against court employees he suspected of being "moles" in a probe against him and lied about his actions to investigators afterward.
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May 03, 2024
Graham Blasts Mass. Judge Nom For 'Radical' Policing Letter
Sen. Lindsey Graham, R-S.C., the top Republican on the Senate Judiciary Committee, blasted a Massachusetts judicial nominee on Friday for failing to disclose prior to his nomination hearing that his name appears on the letterhead of a 2020 public statement issued in the wake of protests following the murder of George Floyd by police.
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May 03, 2024
Robbins Geller Attys To Take Stand In $8M Sanctions Dispute
A petroleum refiner will put current and former Robbins Geller Rudman & Dowd LLP attorneys on the stand May 7 in an extraordinary evidentiary hearing testing what the plaintiffs' lawyers knew about an analyst's now-discredited findings as they pursued since-nixed price-fixing claims.
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May 03, 2024
Law360's Legal Lions Of The Week
Clement & Murphy PLLC and Yetter Coleman LLP lead this week's edition of Law360 Legal Lions, after the Fifth Circuit reversed a Texas federal court's $1.6 billion ruling against IBM in an operating agreement dispute with Houston-based software company BMC.
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May 03, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A former general counsel testified Thursday in the criminal fraud trial of former Autonomy CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, and a South Carolina man and his companies must pay the SEC nearly $24.9 million to settle claims that he misappropriated investors' money to make Ponzi payments. These are among the stories in corporate legal news you may have missed in the past week.
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May 03, 2024
Coverage Recap: Day 7 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day seven.
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May 03, 2024
NJ Judge Kugler Reflects On 32 Years Spent As Federal Jurist
With the fates of his colleagues who didn't get the chance to enjoy retirement weighing on his mind, Senior U.S. District Judge Robert Kugler decided this year it was time to call it a career on the bench in Camden, New Jersey, after three decades of service.
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May 03, 2024
Titan Of The Plaintiffs Bar: Boies Schiller's Sigrid McCawley
Sigrid McCawley was barely back from parental leave with her fourth child in February 2015 when she flew to New York City to take on a case that would turn her life upside down, and change the world.
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May 03, 2024
Judge In Trump's Georgia Case Raises $320K For Election Bid
In his bid for election to his first full term on the bench, the judge overseeing former President Donald Trump's Georgia election interference case is enjoying support from a broad swath of the Atlanta legal community, raising over $127,000 in the last three months.
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May 03, 2024
Legal Industry Gains Jobs In April Following Downward Trend
The U.S. legal sector eased back into a positive trajectory in April, with a gain of 3,200 jobs compared with the previous month, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 02, 2024
No Atty Fees For Objectors To $5.6B Swipe Fees Settlement
Class members who initially objected to a $5.6 billion settlement with Visa and Mastercard cannot collect nearly $1 million in attorney fees, a New York federal judge ruled Thursday, saying they haven't shown their objections to the original 2013 settlement substantially benefited the class.
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May 02, 2024
Recent BigLaw Moves Show Boston Is 'Clearly On The Map'
Three BigLaw firms' recent moves to build out physical footprints in Boston are a testament to the region's thriving technology, healthcare, life sciences and finance industries — a trend that shows no signs of slowing down, experts say.
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May 02, 2024
Law Professor Gets $361K Illegal Recording Verdict Axed
A New Jersey federal judge has agreed to vacate a $361,000 verdict against a law professor who a jury determined illegally wiretapped her former son-in-law and invaded his privacy.
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May 02, 2024
NJ Gov. Backs Letting Ex-Incarcerated Sit On Juries
New Jersey Gov. Phil Murphy said Wednesday that his administration is supporting efforts to restore the right to people who were previously incarcerated to serve on juries, according to an announcement by the governor's office.
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May 02, 2024
Coverage Recap: Day 6 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day six.
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May 02, 2024
Rules Against Judge Shopping Move Forward At Fed Agency
Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.
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May 02, 2024
If High Court Upends Jan. 6 Conviction, What Happens Next?
If the U.S. Supreme Court decides prosecutors overstepped by charging a rioter who stormed the Capitol with obstruction, the results will likely be mixed for hundreds of other defendants charged with the same crime, particularly those who have been convicted. That post-appeal uncertainty is nothing new, defense attorneys say.
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May 02, 2024
Moses & Singer, Ex-Partner Settle Pregnancy Bias Suit
A New York federal judge on Thursday dismissed a lawsuit filed against litigation firm Moses & Singer LLP by a former partner who accused it of wrongfully firing her after she requested workplace accommodations for her pregnancy, saying the parties have reached "a settlement in principle."
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 02, 2024
Titan Of The Plaintiffs Bar: Quinn Emanuel's Steig D. Olson
When Steig D. Olson was about 7 years old, his mother served as a juror in the trial of an Oklahoma man accused of having a gun in a bar, and Olson's parents took him to see part of the trial.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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Legal Practice In The AI Era: The Top Guest Articles Of 2023
Guest columnists explored the possibilities and challenges for the legal profession amid the rise of generative artificial intelligence, including privilege complications, demands for new types of legal skills, and the ethics of a ChatGPT-authored motion.
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AI In Employment Law: The Top Guest Articles Of 2023
This year, the most popular employment law topics related to artificial intelligence in Law360's Expert Analysis section included ChatGPT, new AI legislation, and diversity, equity and inclusion.