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Business of Law

  • 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.

  • August 6, 2018

    SRA Warns Attys Not To Transfer Money From Client Accounts

    Law firms must not make payments into, transfers through or withdrawals from client accounts, the regulator for solicitors in England and Wales warned on Monday as it sought to diffuse the money laundering risk to the legal profession.

  • August 3, 2018

    Baker McKenzie Reports Record $2.9B Global Revenues

    Baker McKenzie generated global revenues of $2.9 billion for the fiscal year ending on June 30, a record for the international law firm that it attributed to large client mandates such as high-value cross-border transactional work, according to its financial results released Sunday.

  • August 3, 2018

    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.

  • August 3, 2018

    Law360's Pro Say: How NYU Beat Workers' ERISA Suit

    Universities across the country are facing a flurry of lawsuits that claim they cost workers millions by mismanaging retirement portfolios, but this week, in the first case to reach trial, NYU beat those allegations in court. We'll unpack how the school did it and other top legal news on this week's Pro Say podcast.

  • August 3, 2018

    #MeToo May Help Propel Family Leave Reforms For Trial Attys

    Advocates for court rules that would pause trials for lawyers expecting children hope the #MeToo movement and a new focus on gender inequalities in the legal industry will help build momentum for passage of the measures around the country.

  • August 3, 2018

    Senate Dem Leaders To Begin Meeting With Kavanaugh

    Top Senate Democrats have stepped back from a boycott of meeting with U.S. Supreme Court nominee D.C. Circuit Judge Brett Kavanaugh, a Senate aide said Friday, aiming to start sitting down with President Donald Trump’s choice for the seat later this month.

  • August 3, 2018

    Archives Deny Request For Kavanaugh's Staff Secretary Docs

    The chances of Senate Democrats accessing the millions of pages of documents from D.C. Circuit Judge Brett Kavanaugh's time as White House staff secretary plummeted after the National Archives confirmed that such requests could only come from Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa.

Expert Analysis

  • 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.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Opinion

    Centrist Analysis Of Justice Kennedy's Retirement Is Flawed

    Gordon Renneisen

    In telling Democrats and progressives not to melt down over the prospect of President Trump appointing another U.S. Supreme Court justice following Justice Anthony Kennedy's retirement, the centrists make four main arguments. None of them are convincing, says Gordon Renneisen of Cornerstone Law Group.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.