Business of Law

  • December 14, 2017

    Firm Consolidation Isn't Going To Slow Down In 2018

    The legal industry will see limited growth in demand and increasing consolidation in 2018 as firms face mounting pressures both on pricing and costs, and middle-tier firms in particular will feel the squeeze, according to a report released on Thursday.

  • December 13, 2017

    Fla. Firm Wants Order Quashed In Facebook Friends DQ Row

    A law firm petitioning the Florida Supreme Court to disqualify a trial judge over her Facebook friendship with a potential opposing counsel filed an emergency motion late Wednesday asking the justices to quash an appeals panel's order quashing two discovery orders, saying it violated the high court's stay.

  • December 13, 2017

    Atty-Journalist Describes 'Hypersexualized World' Of Kozinski

    Dahlia Lithwick, a prominent legal commentator and onetime Ninth Circuit clerk, added Wednesday to allegations spreading about lewd and inappropriate sexual behavior by Circuit Judge Alex Kozinski, writing an article describing a “strange hypersexualized world of transgressive talk and action that embodied his chambers.”

  • December 13, 2017

    Texas, 11th Circ. Nominees Defend Views To Senate Panel

    Nominees to the Eleventh Circuit and a Texas district court defended their past writings and advocacy before a U.S. Senate panel Wednesday, with Texas nominee Matthew Kacsmaryk saying his past advocacy on religious objectors would not color his work as a judge.

  • December 13, 2017

    Barnes & Thornburg Atty Suspended For Billing Misconduct

    A Barnes & Thornburg equity partner was suspended from practicing law for two years by the Georgia Supreme Court on Monday for submitting bogus bills to corporate clients while working at another firm, which was not named in the ruling.

  • December 13, 2017

    Ex-Law School Students Need Loan Discharges, NC AG Says

    North Carolina’s attorney general told the U.S. Department of Education in a letter Wednesday that he had received complaints from multiple students of the former Charlotte School of Law who said they were unable to obtain loan forgiveness they're entitled to under the national closed school discharge policy.

  • December 13, 2017

    Senate Confirms Texas' Willett For 5th Circuit Seat

    The Senate on Wednesday confirmed Texas Supreme Court Justice Don Willett to the Fifth Circuit, in a sharply divided vote, sending the Lone Star State's "Twitter laureate" to the federal bench.

  • December 13, 2017

    ABA Pushes Senate Version Of Pass-Through Tax Break

    The American Bar Association on Wednesday urged lawmakers to adopt the Senate's version of a tax break for pass-through entities, saying the House version unfairly excludes professional service businesses, including law firms, from receiving the deduction. 

  • December 13, 2017

    Judicial Dreams Likely Dead For 2 Trump Picks

    Two of President Donald Trump’s federal judge picks — Brett Talley in Alabama and Jeff Mateer in Texas — probably won't win congressional approval, a White House aide and Senate Judiciary Chairman Chuck Grassley said Wednesday.

  • December 13, 2017

    Lawyers Under Fire: The 2017 Year-End Ethics Review

    How far can you go and still be inside the ethical lines? It’s a question lawyers must ask themselves frequently, and one at the heart of some of the biggest lawyer-focused cases and controversies. Here are five groundbreaking decisions and disputes from 2017 every professional liability lawyer should know.

  • December 12, 2017

    Grassley Questions Advancing Trump Judge Picks

    The chairman of the Senate Judiciary Committee has expressed concerns about confirming two of the Trump administration’s judicial nominees, a spokesman confirmed Tuesday, including one for the Eastern District of Texas.

  • December 12, 2017

    Senate OKs Trump's 8th Circ. Pick Despite ABA Rating

    Senate Republicans on Tuesday confirmed Husch Blackwell LLP senior counsel L. Steven Grasz to a seat on the Eighth Circuit, brushing aside Democrats' concerns about his partisan bent and a "not qualified" rating from the American Bar Association.

  • December 12, 2017

    Kozinski Porn Claims Put Heat On 9th Circ. Chief To Act

    The head of the Ninth Circuit has a few options for answering allegations that Circuit Judge Alex Kozinski showed porn to female clerks and engaged in sexual banter about them, but ignoring the issue shouldn’t be one of them, federal court watchers said.

  • December 12, 2017

    UK Firm Says At Least 100 Layoffs Expected

    More than 100 fee earners and legal staff at midsize U.K. law firm Simpson Millar LLP will likely soon be out of a job, after the firm revealed a redundancy consultation Tuesday following a change in management.

  • December 12, 2017

    Inside And Outside, Counsel Everywhere Need To Adapt

    After weathering a volatile year, the legal profession has returned to a tentative state of normalcy, but market pressures, regulatory uncertainty and innovations in technology will alter the way firms and legal departments manage themselves, according to a report released Tuesday by Major Lindsey & Africa.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Senate Sets Up Vote For 'Not Qualified' Trump Judge Pick

    The Senate on Monday advanced the nomination of Husch Blackwell LLP senior counsel L. Steven Grasz to an Eighth Circuit vacancy, despite Democrats' protests citing his "not qualified" rating from the American Bar Association.

  • December 11, 2017

    Fla. Justices To Hear Row Over Judge's Facebook Friends

    The Florida Supreme Court said Monday it will consider whether a judge should be disqualified from presiding over a case for being Facebook friends with opposing counsel, setting the stage for the court to refine the Sunshine State’s laws on judges' social media use.

  • December 11, 2017

    Pierce Sergenian Shakeout Produces A Split-Off Boutique

    Less than a year into its existence, Los Angeles litigation boutique Pierce Sergenian LLP has been renamed Pierce Burns LLP after two members split to form their own boutique as a result of a clash between the original name partners over their long-term visions, Law360 has learned.

Expert Analysis

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Series

    My Supreme Court Debut: 1 Final Sentence

    Melissa Arbus Sherry

    The exhilaration (and relief) I felt when returning to my seat after my first argument before the U.S. Supreme Court is an experience that I now try to replicate whenever possible. It makes the weeks of agonizing preparation worthwhile. And it reminds me why I love what I do, says Melissa Arbus Sherry of Latham & Watkins LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.