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Business of Law

  • November 8, 2018

    Texas Supreme Court Justice Johnson Retires 2 Years Early

    Texas Supreme Court Justice Phil Johnson, who has sat on the court for 13 years, will retire from the bench at the end of the year, he announced Thursday afternoon.

  • November 8, 2018

    Grassley Presses NJ Sens. To Act On 3rd Circ. Nominee

    Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, has called on Sens. Robert Menendez and Cory Booker to weigh in on the Third Circuit nomination of Lowenstein Sandler LLP partner Paul B. Matey, saying the New Jersey Democrats did not reciprocate White House efforts to reach a deal on returning their "blue slips" for Matey.

  • November 8, 2018

    Law360's Weekly Verdict: Legal Lions & Lambs

    Shapiro Arato LLP earned this week’s top legal lion spot with a Second Circuit win reversing its bank analyst client’s insider trading conviction, while Sheppard Mullin landed on the legal lambs list after a federal judge doubled a patent verdict against its medical device maker client to more than $268 million.

  • November 8, 2018

    Former NY AG Schneiderman Won't Face Criminal Charges

    Former New York attorney general Eric Schneiderman, who resigned following assault allegations by multiple women, will not be criminally charged, the Nassau County district attorney announced Thursday, adding that she had also proposed legislation to fill what she said was a gap in state law.

  • November 8, 2018

    Fla.'s 3 High Court Nominations Must Wait, Court Told

    The liberal advocacy groups that challenged outgoing Florida Gov. Rick Scott’s plan to nominate three Supreme Court justices argued Thursday that the judicial nominating commission should not name candidates for the three seats until they are officially vacant on Jan. 8.

  • November 8, 2018

    Justice Ginsburg In Hospital After Fracturing Ribs In Fall

    Justice Ruth Bader Ginsburg suffered three fractured ribs after falling in her office at the U.S. Supreme Court on Wednesday evening, the court's public information office said in a statement Thursday morning shortly before she was scheduled to appear at Justice Brett Kavanaugh’s formal investiture.

  • November 7, 2018

    With AG Swap, Trump Invites Showdown Over Mueller Probe

    The Trump administration's decision to name a fervent critic of the Russia probe to replace former Attorney General Jeff Sessions — who had recused himself from the investigation — led to cries of a constitutional crisis Wednesday, setting the stage for a conflict between the executive branch and the incoming Democratic U.S. House of Representatives.

  • November 7, 2018

    Another Trump High Court Pick? Easier With A GOP Senate

    After Republicans increased their margin in the Senate with a slew of victories Tuesday night, they have an easier path to confirm judges both at the appellate level and at the U.S. Supreme Court.

  • November 7, 2018

    Trump's Acting AG Linked To Patent Scam Shuttered By FTC

    Matthew G. Whitaker, whom President Donald Trump appointed acting attorney general Wednesday after firing Jeff Sessions, served as a board member at a so-called invention promotion company that the Federal Trade Commission shut down last year on allegations that it “bilked millions from consumers.”

  • November 7, 2018

    Dems Make Big Inroads On Texas' Largest Appellate Courts

    Democrats made landmark gains in Texas' intermediate appellate courts Tuesday, winning more than 30 seats and displacing Republican incumbents on some of the state's busiest courts in Houston, Dallas and Austin.

  • November 7, 2018

    Ex-King & Spalding Atty Says No Payout For Former Counsel

    A former King & Spalding LLP associate again urged a New York federal judge to scrap a finding that the law firm that represented him in his wrongful termination suit had good cause for dropping him as a client and was entitled to a claim on any winnings he collected.

  • November 7, 2018

    Atty Arrested In NJ Shooting Death After Fleeing To Cuba

    A New York City attorney accused of fatally shooting the mother of his daughter in their New Jersey home has been apprehended after fleeing to Cuba, authorities said Wednesday.

  • November 7, 2018

    Valero Promotes Longtime In-House Atty To General Counsel

    The San Antonio-based Valero Energy Corp. has tapped one of its longtime in-house attorneys to fill the role of general counsel, effective when its current top lawyer retires next year, according to a press release.

  • November 7, 2018

    Legal Departments Handling Most Work In-House

    A new report released Wednesday found that legal departments of all sizes are currently handling a majority of their legal needs in-house, and that the amount of work that in-house attorneys are handling themselves has increased sharply since last year.

  • November 7, 2018

    Attorney General Sessions Resigns At Trump's Request

    U.S. Attorney General Jeff Sessions resigned Wednesday at the request of President Donald Trump, who has publicly castigated him for actions including his decision to recuse himself from a probe into Russian efforts to sway the 2016 election in Trump's favor.

  • November 7, 2018

    Law Firm Leaders: Mintz Levin's Robert Bodian

    Robert Bodian has served as managing member of Mintz Levin Cohn Ferris Glovsky and Popeo PC since 2009. Under Bodian’s leadership, the law firm has steadily grown and over the past three years has increased its revenue by 30 percent, its profits by 35 percent and revenue per lawyer by 20 percent.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    Fla. Raises Judicial Retirement Age, Nixes Chevron Deference

    Florida voters approved a proposed constitutional amendment Tuesday that eliminates the default deference to Florida administrative agencies' interpretations of statutes, raises the mandatory judicial retirement age and expands the rights of crime victims.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Winston & Strawn Loss May Squeeze Atty Arbitration Pacts

    A California appeals court decision sinking Winston & Strawn LLP's arbitration agreement with a former attorney suing the firm for discrimination will encourage "for hire" lawyers and others outside firms' power structures to fight contracts that seek to block legal disputes from reaching the courtroom, experts say.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.