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Business of Law

  • November 2, 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.

  • November 2, 2018

    It’s Not Over: Dems Press For Kavanaugh’s Bush-Era Records

    A D.C. federal judge on Friday ordered the Department of Justice and lawyers for six Judiciary Committee senators suing to obtain Supreme Court Justice Brett Kavanaugh’s records from his time as a top adviser in the Bush administration to turn in a status report on resolving the conflict by Dec. 7.

  • November 2, 2018

    Up Next At High Court: Kavanaugh Investiture To Cap Week

    Before Justice Brett Kavanaugh’s formal investiture Thursday, the U.S. Supreme Court will tackle six different cases ranging from uranium mining in Virginia to the taxability of lost railroad wages during the last week of its November argument session.

  • November 2, 2018

    Consumer Case Funders Offer 'Haircuts' On Returns: Study

    Legal funders routinely give significant “haircuts” on repayments from clients who take advances on expected recoveries from their cases, according to new research on an industry getting increasing regulatory scrutiny.

  • November 2, 2018

    Law360's Pro Say: Will RICO Harsh The Pot Industry's Buzz?

    The tension between state and federal cannabis laws was on display this week in Colorado, where a marijuana farm beat accusations that their otherwise legal business amounted to federal racketeering. To break down the case’s big implications for a budding industry, we’re joined on the Pro Say podcast by Denver court reporter Diana Novak Jones.

  • November 2, 2018

    LSAT Test Maker Owes $400K Attys' Fees In Contempt Payout

    A California federal judge said Friday he'll likely award the state's Department of Fair Employment and Housing $400,000 in attorneys' fees after it won a contempt bid against the Law School Admission Council for failing to accommodate disabled LSAT test takers under a consent decree.

  • November 2, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    More than 50 corporate giants signed a statement against reported plans by President Donald Trump to roll back legal protections for transgender people, the Hong Kong Securities and Futures Commission proposed further regulating the cryptocurrency industry, and new U.S. Equal Employment Opportunity Commission numbers on sexual harassment claims were higher than estimated. These are some of the stories in corporate legal news you may have missed in the past week.​

  • November 2, 2018

    Legal Sector Jobs Creep Up, Still Lag Behind 2008

    The legal services sector added just 600 jobs during the past month, a small uptick that doesn’t make up for an overall decline in jobs the industry has experienced over the past decade, according to data released Friday by the Bureau of Labor Statistics.

  • November 2, 2018

    Law Firm PACs Giving Big Money To Help Ensure Face Time

    Just 13 law firm political action committees have reported contributing a quarter-million dollars or more to candidates for federal office and party committees this election cycle, an effort some say is a good way for firms to stand out from the crowd when dealing with lawmakers.

  • November 1, 2018

    BigLaw Joins Corp. Giants Against Trump Trans-Rights Attack

    More than 50 major companies, including Amazon, Bank of America and Pepsi, as well as such large law firms as Hogan Lovells LLP and Ropes & Gray LLP, signed a statement issued Thursday against reported plans by President Donald Trump to roll back legal protections for transgender people.

  • November 1, 2018

    Broward Health Axes GC, Claiming She Perpetuated Instability

    With Broward Health still struggling to right the ship after three years under a corporate integrity agreement with the federal government, the South Florida hospital system's board fired its general counsel Wednesday following criticism of spending on outside attorneys, unfinished physician contracts, and a culture of "fear and intimidation."

  • November 1, 2018

    Law360 Names Attys Who Moved Up The Firm Ranks In Q3

    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 third quarter of the year.

  • November 1, 2018

    Federal Litigation Funding Rule Generates Support, Confusion

    There is growing support among federal judges who oversee multidistrict litigations for a new rule to address the growing involvement of third-party case investors, members of a judicial rules committee said Thursday.

  • November 1, 2018

    Burr & Forman Boosts Presence In Carolinas With McNair Buy

    Burr & Forman LLP will dramatically expand its footprint in the southeastern U.S. by absorbing Carolinas-based McNair Law Firm PA in a tie-up that will become effective Jan. 1, the firms announced Thursday.

  • November 1, 2018

    Law360's Weekly Verdict: Legal Lions & Lambs

    Colorado marijuana litigator Red Law LLC topped this week’s legal lions list after a federal jury sided with its cannabis cultivation business client in a first-of-its-kind Racketeer Influenced and Corrupt Organizations Act suit, while New York attorney Richard Liebowitz ended up on the legal lambs list after a judge refused to alter a ruling that labeled him a “known copyright troll.”

  • October 31, 2018

    Baker McKenzie Appoints New North America Regional Chair

    Baker McKenzie has selected a Washington, D.C.-based tax practice veteran to serve as its North America regional chair and elevated a Dallas-based North America international commercial practice stalwart to its executive committee, the firm announced Tuesday.

  • October 31, 2018

    Fed. Courts Lack Consensus On Magistrates' Role

    The role magistrate judges play in federal district courts varies greatly from district to district, and analysts and legal scholars should dedicate more attention to the ways magistrates shape the district courts, according to a recent academic study.

  • October 31, 2018

    Quinn Emanuel Says Partnership Pact Row Must Be Arbitrated

    Quinn Emanuel Urquhart & Sullivan LLP told a New York state judge Wednesday that the litigators who left to launch Selendy & Gay PLLC cannot renege on their obligation to arbitrate a contentious dispute over a clause in their partnership agreement requiring them to remit a portion of fees to their old firm.

  • October 31, 2018

    Polsinelli Namesake To Retire 46 Years After Founding Firm

    Polsinelli PC namesake James "Jim" Polsinelli on Wednesday announced his plans to retire, almost 50 years after founding the law firm in Kansas City, Missouri, as a 28-year-old lawyer.

  • October 31, 2018

    Law Firm Leaders: Taylor English's Kirk Hancock

    Kirk Hancock spoke to Law360 about his new role as chief executive officer of Atlanta's Taylor English Duma LLP and why being a nonlawyer gives him a unique perspective on the challenges facing the legal industry.

Expert Analysis

  • Rebuttal

    Judges Can Demand Diversity In Rule 23(g) Applications

    Kellie Lerner

    A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Employment Litigation And Jury Opinions In A #MeToo World

    Ellen Brickman

    Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of discrimination and harassment claims, especially in the current political climate. To understand that role better, we undertook a survey of registered voters in New York and Los Angeles, say Ellen Brickman and Chad Lackey of DOAR Inc.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.