Business of Law

  • October 09, 2020

    Law360's Pro Say: The Road Ahead For Amy Coney Barrett

    Supreme Court nominee Amy Coney Barrett heads to Capitol Hill next week for confirmation hearings that are likely to produce fireworks over health care, abortion and the Republican effort to seat a new justice on an expedited timeline as the November election looms. On the latest episode of Law360's Pro Say podcast, we provide a cheat sheet of what to expect from the hearings.

  • October 09, 2020

    Stoel Rives, Mintz Levin Reverse Pandemic Pay Cuts

    Stoel Rives LLP and Mintz Levin Cohn Ferris Glovsky and Popeo PC on Friday became the latest firms to confirm that they will restore salaries to pre-pandemic levels after several months of cuts.

  • October 09, 2020

    Beyond The Big Offer: Lateral Partner Pay Pitfalls To Avoid

    Too many prospective lateral partners look only at a firm's offer figure, without considering numerous other factors needed to properly vet a compensation package before accepting a job, recruiters say.

  • October 09, 2020

    600 Law Students Boycott Paul Weiss For Repping Exxon

    Law students on Friday afternoon delivered a letter to the Manhattan headquarters of Paul Weiss Rifkind Wharton & Garrison that was signed by over 600 law students pledging to boycott the firm over its continued representation of ExxonMobil.

  • October 09, 2020

    In The Trenches Of Sports Law, It's All About The Pandemic

    Todd Davis, vice president for legal affairs for the NFL's Los Angeles Rams, said that in his 29 years with the team, he spent maybe 29 minutes on force majeure clauses — until this year's COVID-19 crisis.

  • October 09, 2020

    Up Next At High Court: When A Shooting Becomes A 'Seizure'

    All eyes will be on Capitol Hill next week for Judge Amy Coney Barrett's confirmation hearings, but her would-be colleagues at the U.S. Supreme Court will be diving into a key civil liberties case involving the meaning of the word "seizure" under the Fourth Amendment and another involving debtors' rights.

  • October 09, 2020

    Brand Battles: Peloton Claims Coffee Co. Free-Riding On TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, studio cycling company Peloton is seeking to cancel a coffee brewery's trademark registration for "Peloton" cold brew — plus three other TTAB cases you need to know.

  • October 09, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Shoplet's former top attorney was sentenced to three to nine years in prison for stealing millions from the online retailer's PayPal account, and a survey found that the pandemic will likely force some law departments to eliminate or freeze merit increases in 2021. These are some of the stories in corporate legal news you may have missed in the past week.​

  • October 09, 2020

    Willkie Hops On Fall Bonus Bandwagon As Other Firms Pass

    Willkie Farr & Gallagher LLP confirmed Friday that it will be giving U.S. associates bonuses at the end of October, becoming the latest firm to match the pandemic-related bonuses set forth by Davis Polk & Wardwell LLP as others have announced their decisions not to follow suit.

  • October 09, 2020

    Texas Patent Judges Diverge On Pandemic Trial Protocols

    Two of the busiest patent judges in the country have taken different approaches to COVID-19 safety precautions as they've resumed in-person jury trials in Texas, with face-covering preferences and scheduling flexibility among the biggest points of contrast.

  • October 09, 2020

    Supreme Court Extends Phone Hearings Through December

    The U.S. Supreme Court said Friday it would continue holding oral arguments via phone through the end of the year because of the coronavirus pandemic, a period that includes blockbuster cases on the Affordable Care Act, the First Amendment and the special counsel's investigation.

  • October 08, 2020

    Law360's The Term: Justices Start Term With Guns Blazing

    The Supreme Court wasted little time making waves in its first week of the 2020 term, from Justice Clarence Thomas' attack on the "Obergefell" precedent to a multibillion copyright battle between Google and Oracle. Catch up with the hosts of The Term. 

  • October 08, 2020

    Goodwin, Skadden Latest To Bypass Fall Bonuses

    Goodwin Procter and Skadden are the latest BigLaw firms to pass on giving associates a special pandemic-related bonus that some firms are awarding this fall, but they indicated in firm memos Thursday that they would consider paying larger end-of-year bonuses to keep pace with top-tier talent compensation.

  • October 08, 2020

    What To Watch For At Barrett's Confirmation Hearings

    Seventh Circuit Judge Amy Coney Barrett will face senators next week for three days of U.S. Supreme Court confirmation hearings that are unlikely to sway any votes, but may give insight into a jurist with a relatively thin record.

  • October 08, 2020

    Holland & Knight Hires Co-Head For New State AG Team

    A former Virginia deputy attorney general has signed on to co-lead Holland & Knight LLP's newly formed state attorneys general team, as the firm gears up to make a bigger play for clients handling investigations or enforcement actions by state AGs.

  • October 08, 2020

    Ex-Shoplet GC Gets 3 To 9 Years In Prison For $6M Theft

    After hearing his ex-boss condemn him to hell, Shoplet's former top attorney was sentenced to three to nine years in prison in New York state court Thursday for stealing millions from the online retailer's PayPal account.

  • October 08, 2020

    Coronavirus Litigation: The Week In Review

    Major League Baseball has scored a win in lawsuits seeking refunds for games postponed due to the coronavirus, Pfizer Inc. and Regeneron Pharmaceuticals Inc. face patent infringement claims over their development of COVID-19 vaccines and treatments, and court battles rage on against cruise lines accused of mishandling the pandemic. 

  • October 08, 2020

    NY Judge Pauses Doc Handover In NY AG's Trump Probe

    A former Trump Organization attorney need not hand over contested documents to the New York attorney general in a probe into whether President Donald Trump inflated his asset values while privilege issues are reargued, a New York judge said.

  • October 08, 2020

    Harvard Grad's Win In Bar Exam Suit Uncertain In 2nd Circ.

    The Second Circuit struggled Thursday with whether New York's Board of Law Examiners can be held liable as a unit of the state's sprawling Unified Court System in a Harvard Law grad's suit claiming the board failed to accommodate her anxiety-related disability as she sat for the bar exam.

  • October 08, 2020

    Baker Botts To Eliminate About 50 Staff Positions

    Baker Botts LLP confirmed Thursday that it is laying off "approximately 50" staff members, citing the "fundamental workplace shift" caused by the COVID-19 pandemic.

  • October 08, 2020

    Judge Changes Mind, Will Recuse From Subaru Air Bag Row

    A federal magistrate judge who refused on Wednesday to step down from a proposed class action involving claims of faulty Subaru air bags changed his mind a day later, saying the appearance he still has ties to a law firm representing the automaker compelled him to exit the case.

  • October 08, 2020

    Reed Smith To Review Handling Of London Misconduct Report

    Reed Smith LLP's London office will be conducting a review of how it handled past misconduct allegations against a former partner who was recently convicted of sexual assault, the firm told Law360 on Thursday.

  • October 08, 2020

    Virus' Effect On 2021 In-House Pay Bumps Still Uncertain

    More than one-third of corporate law departments said it's too early to gauge the impact of the pandemic on salary bumps in 2021, but some expect they will need to eliminate or freeze merit increases, according to a report released Thursday.

  • October 07, 2020

    Pence, Harris Brawl Over Trump's Judges, Bigger High Court

    In their first and only debate, Vice President Mike Pence and Sen. Kamala Harris clashed Wednesday over President Donald Trump's striking success in adding new federal judges and whether Democrats might expand the U.S. Supreme Court to erase a conservative supermajority.

  • October 07, 2020

    Flynn Atty Decries 'Persecution' By Trial Judge In Recusal Bid

    Michael Flynn's lead defense attorney claimed Wednesday that a D.C. federal judge's refusal to immediately rubber-stamp the government's motion to dismiss the former Trump national security adviser's criminal case was part of a tactic to continue Flynn's "political persecution" in hopes of a Democratic presidential victory next month.

Expert Analysis

  • Weighing The Virtual Courtroom Option In Civil Cases

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    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

  • Attys Shouldn't Overlook Obligations To Potential Clients

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    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

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    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • Safeguards Against Legal Malpractice Liability As Claims Rise

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    History suggests that the COVID-19 crisis will lead to a surge in legal malpractice claims, but proper documentation, regular conflict checks and a few other steps can help minimize exposure, say attorneys at Munger Tolles.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Q&A

    Coping With A Pandemic: Eckert Seamans' Karen Elliott

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    As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Richmond-based Karen Elliott, a member at Eckert Seamans focused on labor and employment law and commercial litigation matters.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

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