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Business of Law
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September 06, 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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September 06, 2024
11th Circ. Judge Continues Drum Beat For Bench Use Of AI
An Eleventh Circuit judge who has explored how courts might use artificial intelligence to interpret terms in legal disputes revisited this idea in a recent concurring opinion in a criminal appeal, though he acknowledged the notion is "fairly provocative."
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September 06, 2024
DC Circ. Considers Age Of Ex-Trump Aide's Surveillance Claims
Even after more than an hour of argument, the D.C. Circuit didn't seem convinced Friday that ex-Trump 2016 campaign adviser Carter Page timely accused the Justice Department, the FBI and several individuals of various violations tied to their surveillance of him as they probed Russian election interference.
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September 06, 2024
Calif. Has Underpaid State Court Judges For Years, Suit Says
A Sacramento County judge has filed a proposed class action on behalf of over 5,000 current and retired bench officers alleging they've been underpaid for the last several years over the state's failure to properly include special salary adjustments when calculating the average percentage salary increase for all state employees.
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September 06, 2024
Calif. Takes AI Reins With Looming Safety, Transparency Laws
A pair of groundbreaking legislative proposals aimed at ensuring the safe and transparent deployment of artificial intelligence systems are headed to the California governor's desk, raising questions about whether lawmakers are taking the right approach to regulating the emerging technology and how the state's privacy regulator will respond.
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September 06, 2024
Troutman Pepper, Locke Lord Deal Signals Combos To Come
The upcoming merger of Troutman Pepper Hamilton Sanders LLP and Locke Lord LLP, set for January 2025 and expected to create a firm with over 1,600 attorneys across 33 offices, is indicative of a broader, accelerating trend of consolidation in the legal industry, according to consultants and experts.
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September 06, 2024
Justice Alito Reports Concert Tickets From Catholic Activist
U.S. Supreme Court Justice Samuel Alito accepted $900 concert tickets from a German princess and Catholic activist in 2023, but otherwise received no free trips or other gifts, according to his annual financial disclosure, which was made public Friday.
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September 06, 2024
Procopio's Managing Partner Dies At 55 From Cancer
Procopio Cory Hargreaves & Savitch LLP's managing partner, John D. Alessio, has died after a five-year battle with cancer, at age 55.
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September 06, 2024
SEC Accuses Fla. Men Of Mass Tort Litigation Financing Fraud
The U.S. Securities and Exchange Commission on Friday accused a father and son from Florida of running a fraudulent litigation funding scheme by promising investors returns from financing mass tort litigation they were not actually funding.
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September 06, 2024
Trustee Backs Tossing Ex-McElroy Deutsch CFO's Ch. 11 Case
The U.S. Trustee's Office has urged a New Jersey bankruptcy court to dismiss a Chapter 11 petition from McElroy Deutsch Mulvaney & Carpenter LLP's former CFO, who is currently incarcerated for embezzling millions from the firm, because he has stonewalled the trustee's requests for information about his finances.
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September 06, 2024
Judge Barnard Says It's 'About Time' For Texas Biz Court
Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.
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September 06, 2024
Law360's Legal Lions Of The Week
Ross Aronstam & Moritz LLP and Selendy Gay PLLC lead this week's edition of Law360 Legal Lions, after a Delaware vice chancellor ruled that Johnson & Johnson owes over $1 billion to a medical robotics developer and entrepreneur over a post-acquisition dispute.
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September 06, 2024
NY Gov. Taps WilmerHale Leader For Counsel Position
New York Gov. Kathy Hochul announced Friday that a WilmerHale partner and leader will be the next counsel to the governor, appointing an attorney who has served as New York deputy attorney general and the attorney general's chief of staff and as senior adviser to the New York City mayor.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Legal Job Market Continued Downward Trend In August
The legal industry lost 2,300 jobs in August, the fourth month in a row of declines, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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September 06, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A contracting company has launched a $59 million malpractice suit against Troutman Pepper, alleging the firm and a partner in its construction practice failed to provide adequate representation in two underlying cases, while artificial intelligence was atop the list of new technologies law firms have used this year. These are among the stories in corporate legal news you may have missed in the past week.
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September 06, 2024
2nd Circ. Tests Trump Bid To Overturn $5M Carroll Verdict
A Second Circuit panel indicated Friday that Donald Trump faces an uphill climb in seeking a new trial after a jury found he sexually abused writer E. Jean Carroll and awarded her $5 million in damages.
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September 06, 2024
Trump Sentencing Pushed Back Until After Election
The New York judge overseeing Donald Trump's hush money case said Friday he will not sentence the former president before Election Day, pushing the hearing date from Sept. 18 to Nov. 26 in an effort to avoid the appearance of political considerations.
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September 06, 2024
Judge Newman's Suspension Extended For Another Year
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
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September 06, 2024
A&O Shearman To Cut Partner Numbers By 10%
A&O Shearman said Friday that it is cutting its global partnership by approximately 10% as the newly merged firm plows ahead with cost-cutting measures and seeks benefits from its transatlantic tie-up.
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September 05, 2024
Texas Could Be Next Delaware, Attys Say As Biz Court Opens
Law firms have been preparing for the upcoming Texas Business Court since the state announced that it wanted to compete with the Delaware Court of Chancery, but many have adopted a wait-and-see approach to the Lone Star State's newest venue, which opened for cases this week.
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September 05, 2024
LA Courts Expand Recordings, Citing Court Reporter Shortage
Los Angeles County Superior Court's presiding judge issued an order Thursday expanding the use of electronic recordings in certain civil proceedings due to a "chronic" lack of court reporters, drawing concerns the recordings violate state law and threaten quality transcripts.
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September 05, 2024
Wash. Bar Backs Experiment For Nonlawyers To Practice
The Washington State Bar wants to relax the rules on who can practice law, in what it hopes will allow businesses not run by lawyers the chance to innovate how the industry provides legal services and expand who is able to afford them.
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September 05, 2024
Troutman Pepper, Locke Lord Announce Megamerger
Troutman Pepper Hamilton Sanders LLP and Locke Lord LLP will merge in January 2025 to create a combined firm with more than 1,600 attorneys across 33 offices in the United States and two in Europe, the law firms announced Thursday.
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September 05, 2024
Panel Finds Colo. Attys Can't Poach From Current Employers
A Colorado Court of Appeals panel on Thursday upheld a $4,000 verdict and $1.2 million in fee awards against an attorney who violated an employment contract when she tried to lure colleagues away from a prominent regional personal injury firm, finding the firm's contract was valid and enforceable.
Expert Analysis
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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Series
After Chevron: Scale Tips Favor Away From HHS Agencies
The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.
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Series
After Chevron: FDA Regulations In The Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.
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Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.