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Business of Law
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June 18, 2024
NY High Court Denies Trump's Gag Order Appeal
New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.
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June 18, 2024
Akin Elects US, London Duo To Take Over From Veteran Chair
Akin Gump Strauss Hauer & Feld LLP said on Tuesday that it has elected the partner in charge of its New York office and a corporate specialist in London to jointly lead the firm as its longtime chair prepares to step down next year.
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June 17, 2024
Milbank Snags FTC Competition Trial Chief For DC Office
Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.
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June 17, 2024
NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills
A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.
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June 17, 2024
Man In Murder-For-Hire Plot To Kill Atty Gets Extradited To NY
An Indian national indicted in connection with a murder-for-hire plot to assassinate an attorney connected to a Punjab political revolution has been extradited to the Southern District of New York and made his initial appearance in federal court Monday, during which he pled not guilty to the criminal charges against him.
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June 17, 2024
McConnell Denounces Judicial Nominee For District Of Ore.
Senate Minority Leader Mitch McConnell, R-Ky., took to the Senate floor on Monday to criticize Magistrate Judge Mustafa Taher Kasubhai, a nominee for a district court judgeship in the District of Oregon whose confirmation vote is teed up for Tuesday.
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June 17, 2024
NYC Bar Blasts Judges' Columbia Boycott Letter
The New York City Bar Association on Monday questioned the impartiality of 13 federal judges who issued a letter last month publicly refusing to hire students from Columbia Law School as clerks because of campus political protests over the Israel-Hamas war.
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June 17, 2024
Attys Accused Of Judge Shopping Must Turn Over Q&A Doc
Attorneys accused of a coordinated effort to "judge shop" amid federal suits challenging an Alabama law banning certain medical procedures for transgender youth must supply a document the court believes displays the attorneys' preparations for a panel hearing in which one of the attorneys allegedly committed perjury.
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June 17, 2024
Columbia Law Adds UChicago Vice Provost As 1st Black Dean
A former deputy dean at the University of Chicago Law School will take over as dean of Columbia Law School on Aug. 1, Columbia University President Minouche Shafik announced Monday.
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June 17, 2024
Clients Say McGrath Kavinoky 'Bullied' Them Into Abuse Deal
California firm McGrath Kavinoky LLP, which inked more than $374 million in settlements for women who say they were sexually abused by a UCLA Health gynecologist, misled its clients and "bullied" them into accepting far smaller amounts than they were promised, according to a lawsuit in state court by two ex-clients.
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June 17, 2024
Catching Up With Delaware's Chancery Court
Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk.
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June 17, 2024
Texas Bar Proposes Limits On Services From In-House Attys
The State Bar of Texas said in-house lawyers working for companies owned by nonattorneys are barred from providing legal services to the businesses' customers unless the work meets specific criteria because otherwise, the companies run afoul of rules forbidding the unauthorized practice of law, according to a proposed ethics opinion.
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June 17, 2024
Lambda Legal Calls For More LGBTQ+ Judges
President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.
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June 17, 2024
Biden: High Court 'Never Been As Out Of Kilter'
President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."
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June 17, 2024
NJ Power Broker, Firm CEO Brother Accused Of Racketeering
Powerful New Jersey businessman George E. Norcross III and his brother who is the chief executive officer of law firm Parker McCay have been criminally charged alongside others in a scheme to acquire waterfront property in the distressed city of Camden using threats of economic and reputational harm.
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June 17, 2024
High Court Will Mull Proof Needed For Wage-Hour Carveout
The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.
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June 17, 2024
Justices To Hear Nvidia Case On Securities Pleading Standard
The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.
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June 15, 2024
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.
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June 14, 2024
Blistering Dissents Belie Justices' Penchant For Consensus
Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.
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June 14, 2024
Mistrial Declared In Florida Student Debtor Lawsuit
A Florida federal judge on Friday declared a mistrial in the lawsuit against a Boca Raton-based law firm accused of falsely promising to eliminate student loan debts in exchange for a fee following testimony from a former client.
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June 14, 2024
Hunter Biden Axes Data Privacy Suit Against Giuliani, For Now
Hunter Biden has tentatively agreed to drop a federal computer fraud and digital privacy suit against Rudy Giuliani and various other defendants relating to alleged data theft from his infamous laptop, after the case was partially stalled due to Chapter 11 bankruptcy proceedings Giuliani commenced in December.
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June 14, 2024
Burford Bound To Sysco And Pilgrim's Unsigned Chicken Deal
An Illinois federal judge on Friday rejected a Burford subsidiary's bid to block a global protein price-fixing settlement that Pilgrim's Pride and Sysco memorialized through email but never signed on paper, saying it's clear the parties reached a material agreement.
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June 14, 2024
DOJ Declines To Prosecute AG Garland For Contempt
The U.S. Department of Justice is declining to prosecute Attorney General Merrick Garland after the House voted earlier this week to hold him in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into President Joe Biden's handling of classified documents.
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June 14, 2024
McDermott Says Financial Firm Owes $800K In Atty Fees
McDermott Will & Emery LLP says it is owed more than $800,000 in legal fees for representing a financial firm's employee in a U.S. Securities and Exchange Commission investigation and a lawsuit by his former employer.
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June 14, 2024
Littler Aims To End Theft Suit After $1M Deal With Ex-Firm Atty
Littler Mendelson PC this week moved to drop a lawsuit accusing a former associate of stealing confidential documents following a settlement in which the firm agreed to pay her nearly $1 million, though a separate, newer case in which the lawyer accuses Littler of violating that deal remains open.
Expert Analysis
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.