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Business of Law

  • August 9, 2018

    Law360 Names Attys Who Moved Up The Firm Ranks In Q2

    A promotion to partner or election to practice group chair means lots of well-deserved recognition within a firm and in the larger legal community. Law360 reveals the list of attorneys whose commitment to excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the second quarter of the year.

  • August 8, 2018

    Kavanaugh’s Prosecutorial Discretion View A Moving Target

    Between 2013 and 2015, D.C. Circuit Judge Brett Kavanaugh appears to have shifted his views on a president's discretion to enforce certain laws, a change of heart that one prominent immigration attorney linked to former President Barack Obama's executive actions but that Judge Kavanaugh's supporters maintained has nothing to do with partisanship.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    Lawyer-Lender Fee Deals An Ethics Breach, NYC Bar Says

    Lawyer-lender financing deals in which repayments by attorneys are pegged directly to legal fees violate the ethics ban on sharing fees with nonlawyers, according to a recent opinion from the New York City Bar Association.

  • August 8, 2018

    4 Traits Facebook And Google Should Want In A New GC

    Technical expertise, business savvy and the kind of composure that not even a congressional hearing can shake — these are some of the essential characteristics that Google and Facebook should keep in mind as they look to fill two of the highest profile general counsel positions on the planet. Here, Law360 looks at four key factors that industry-leading companies should consider when searching for their next top lawyers.

  • August 8, 2018

    Ex-Holland & Knight Partner Joins Intelligence Agency As GC

    A former Holland & Knight LLP partner has been sworn in as the top attorney for the Office of the Director of National Intelligence, bringing to the post years of experience in counterterrorism work, government procurement and regulatory compliance.

  • August 7, 2018

    Key Senators Hit From All Sides In Kavanaugh Debate

    A nation-spanning proxy battle kicked into high gear this week surrounding D.C. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, with advocacy groups both for and against him pouring millions of dollars into advertising and demonstrations aimed at swing-vote senators heading home for a break.

  • August 7, 2018

    At Uneasy Time, New ABA President Praises Group's Role

    Bob Carlson, a shareholder with Montana law firm Corette Black Carlson & Mickelson PC, took over for Hilarie Bass as president of the American Bar Association on Tuesday, using the event as an opportunity to praise the organization's work amid mounting challenges.

  • August 7, 2018

    Cadwalader Can't Call Legal Experts In Malpractice Trial

    Cadwalader Wickersham & Taft LLP can’t call experts in a legal malpractice trial brought by Washington Redskins owner Dan Snyder, after a New York judge found that none of the determinations a jury would have to make require specialized knowledge.

  • August 7, 2018

    ABA Opposes Forced Arbitration Of Sex Harassment Claims

    American Bar Association delegates on Tuesday approved a resolution calling on law firms and other legal employers to eschew requirements that people with claims of sexual harassment go to arbitration.

  • August 7, 2018

    Feinstein Still Fighting For Kavanaugh Staff Secretary Docs

    Sen. Dianne Feinstein, D-Calif., is refusing to give up her quest for more documents related to U.S. Supreme Court nominee and D.C. Circuit Judge Brett Kavanaugh's stint in President George W. Bush's White House, asking the National Archives to reconsider its position that only a committee chair can send such requests.

  • August 7, 2018

    EY Says Legal Services Firm Buy Will Buoy 'Disruptor' Status

    Big Four accounting firm EY has reached a deal to acquire Riverview Law, an alternative legal services business in which DLA Piper was once a major investor, the firm announced Tuesday, in a move it said would help it to expand its legal services and further establish it as a "leading disruptor" in the legal industry.

  • August 7, 2018

    Atty Says Ex-King & Spalding Lawyer Won't Settle With Firm

    A former King & Spalding LLP associate accusing the firm of firing him for reporting ethics violations is less willing to settle the case than he's let on, his attorney said Monday while pressing a bid for a lien on the associate, who the attorney claims has stopped paying legal bills and refuses to cut a deal.

  • August 7, 2018

    Law Firms Lead Way In Email Spoofing Defense, Report Says

    A new study released Tuesday says law firms are leading the way among private industries when it comes to implementing a form of email security that guards against a popular tactic used in phishing attacks to disguise the origin of a message.

  • August 6, 2018

    Atty Asks Judge To Rethink Cert. Bid In PACER Fee Row

    A lawyer accusing the federal government of improperly charging people to access judges’ opinions in the Public Access to Court Electronic Records system urged a Florida federal judge Monday to reconsider his previous denial of class certification, arguing the government’s supposedly subjective definition of “opinion” shouldn’t preclude his suit.

  • August 6, 2018

    Ohio State Taps Ex-SEC Chair To Lead Urban Meyer Probe

    The Ohio State University announced late Sunday night that it will convene a working group headed by Debevoise & Plimpton LLP attorney and former U.S. Securities and Exchange Commission Chair Mary Jo White to investigate whether its star football coach, Urban Meyer, knew about alleged domestic violence by a trusted adviser.

  • August 6, 2018

    ABA Delegates Back Revamp Of Attorney Advertising Rules

    The American Bar Association's House of Delegates overwhelmingly approved a sweeping set of changes to the rules governing lawyer advertising and client solicitation in a voice vote Monday in Chicago.

  • August 6, 2018

    'UGHH,' 'NO NO NO': Kavanaugh Was Hard-Nosed Editor

    As a young lawyer in the Office of the Independent Counsel, U.S. Supreme Court nominee Brett Kavanaugh didn't hold back when marking up his colleagues' legal filings, documents released Monday indicate.

  • August 6, 2018

    ABA To Slash Dues In Effort To Attract More Members

    Amid falling revenue from membership dues, the American Bar Association’s House of Delegates voted Monday to alter the structure and cost of its membership in an effort to compel more people to join the association.

  • August 6, 2018

    15 Minutes With JCPenney's General Counsel

    As a law firm associate, Brandy Treadway enjoyed working with the same clients repeatedly and learning about their businesses. She didn't actively search for in-house positions, but she realized the aspects within the legal profession that interested her could be beneficial if she made the transition, and in 2011 she began her career at JCPenney. Now as the department store chain's senior vice president and general counsel, she explains why brick-and-mortar stores aren't obsolete.

Expert Analysis

  • Opinion

    Broken Norms Should End Business-As-Usual Nominations

    Neera Tanden

    As we saw with the outcry over Yale Law School's statement about U.S. Supreme Court nominee Brett Kavanaugh, too many in the liberal legal profession still cling to an old view of the rules and norms. Their reputations are now being weaponized on behalf of a judge who has questioned a president's accountability to legal constraints, says Neera Tanden, president and CEO of the Center for American Progress.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • 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.