Business of Law

  • October 05, 2020

    Senate Bill Would Add 65 Fed. Judges, But Time Is Short

    A top Republican senator has proposed adding 65 district judgeships in busy federal courts nationwide, from California to Texas to New York, but the proposal faces long odds and a short window for action.

  • October 05, 2020

    Thomas, Alito Bemoan 'Ruinous Consequences' Of Obergefell

    As a newly conservative Supreme Court started its 2020 term Monday, Justice Clarence Thomas and Justice Samuel Alito Jr. issued a clarion call to rein in the Supreme Court's landmark Obergefell decision legalizing same-sex marriage because of its "ruinous consequences" for religious freedom. Progressives shuddered.

  • October 05, 2020

    High Court Presses Del. To Defend Court Party-Balance Rules

    The U.S. Supreme Court pressed an attorney for Delaware on Monday to defend disputed major party and "bare majority" party affiliation limits for most statewide court benches, while also probing the standing of an attorney who won a ruling striking down the provisions.

  • October 05, 2020

    College Coronavirus Q&A: Maine's GC And Assistant GC

    In part three of a four-part series of conversations with top college and university lawyers as students are in the midst of the fall semester amid the COVID-19 pandemic, two University of Maine attorneys chatted with Law360 about the ongoing challenge of testing and the task of de-densifying dorms.

  • October 05, 2020

    NY Justice Reed Gets Commercial Division Post Amid Shuffle

    New York State Supreme Court Justice Robert R. Reed has been assigned to the court's commercial division, court officials announced Monday, just days after two senior judges said they were retiring from the high-dollar litigation division.

  • October 05, 2020

    Roberts Starts Term With Tribute To 'Dear Friend' Ginsburg

    Chief Justice John Roberts Jr. began the U.S. Supreme Court's October term Monday morning with a tribute to his "dear friend" and "treasured colleague" Justice Ruth Bader Ginsburg, saying the recently departed liberal icon made "immeasurable" contributions over the course of her life and career.

  • October 05, 2020

    15 Minutes With Citi's General Counsel

    Even with the recent news that a new CEO will take over Citi in February, general counsel Rohan Weerasinghe said he doesn't expect many changes for his legal department. Here, he shares more about his 2012 move to Citi after working in private practice for 36 years, and how he has tried to build a more equitable workplace.

  • October 02, 2020

    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.

  • October 02, 2020

    Trump Taps Judicial Watch Prez For DC Judicial Commission

    Tom Fitton, president of the conservative legal activist group Judicial Watch, has been appointed to the District of Columbia Commission on Judicial Disabilities and Tenure, the White House said Friday.

  • October 02, 2020

    Calif. Bar Highlights Ethical Risks Of Litigation Funding Deals

    Litigation funding deals pose a long list of ethical risks to attorneys, but the dangers can be mitigated by strict adherence to disclosure and attorney independence rules, the State Bar of California said Thursday.

  • October 02, 2020

    How Rookies Should Prep For A Unique Supreme Court Term

    Before the pandemic forced oral arguments out of the marbled halls of the U.S. Supreme Court and onto conference calls, first-timers before the court had to contend with nine justices staring them down and zinging questions at them from every side. Things are different this session, but attorneys who have been there before warn that an appearance before the court is still daunting.

  • October 02, 2020

    Legal Industry Sees Job Growth For 5th Straight Month

    The legal industry in September added jobs for the fifth straight month, as employment in the sector continued to inch up after a devastating plummet in the spring in the wake of the COVID-19 pandemic, according to U.S. Department of Labor data released Friday.

  • October 02, 2020

    Calif. Supreme Court Rejects Calls For Open-Book Bar Exam

    Law school graduates registered for the Golden State's two-day bar exam should be ready to take the online test as scheduled beginning Monday, the California Supreme Court said in a letter to law school deans, and rejected requests for an open-book version of the exam.

  • October 02, 2020

    Howard & Howard Wants Ex-Intern's Bias Suit Narrowed

    Howard & Howard Attorneys PLLC has asked an Illinois federal court to throw out part of a former summer associate's sexual harassment and discrimination suit, claiming the one instance of harassment she alleged was not substantial enough for a claim under federal law.

  • October 02, 2020

    What One Scrapped Opinion Might Say About Judge Barrett

    U.S. Supreme Court nominee Judge Amy Coney Barrett authored a Seventh Circuit opinion last year that threatened to hurl corporate insurance policies into chaos, later quietly withdrawing it and adopting the lower court judgment she had previously overturned in an episode that stunned attorneys and raised questions about her judgment.

  • October 02, 2020

    Grads With Disabilities Left 'Forgotten' In Remote Bar Exams

    Remote bar exam rules like those that limit bathroom breaks and restrict the use of scratch paper are forcing law graduates with disabilities across the nation to choose between going without certain accommodations or potentially exposing themselves to COVID-19 by taking an in-person test.

  • October 02, 2020

    Supreme Court Cheat Sheet: The Biggest Cases To Watch

    The U.S. Supreme Court comes back into session Monday to take on historic cases, including disputes over LGBTQ rights and the Affordable Care Act, but with only eight members following the death of Justice Ruth Bader Ginsburg and still closed to in-person attendance because of the coronavirus pandemic. 

  • October 02, 2020

    Personal Injury Atty Steve Barnes Dies In Plane Crash

    Steve Barnes, a founding partner of the well-known, recently dissolved personal injury firm Cellino & Barnes PC, died Friday after his private plane crashed in upstate New York.

  • October 02, 2020

    Law360's Pro Say: Drug Rehab Or Forced Labor?

    A growing number of courts are sending those accused of drug offenses and nonviolent crimes to addiction treatment rather than jail, but some residents are now claiming that the only treatment being offered at those facilities is forced, unpaid labor at for-profit businesses.

  • October 02, 2020

    How To Address Suspected Atty Mental Health Issues At Work

    As mental health and addiction issues spike amid the coronavirus pandemic, legal employers must be knowledgeable about the right and wrong ways to confront workers about potential mental health problems and offer them help, according to two experts speaking on a Friday panel.

  • October 02, 2020

    How Law Schools Are Encouraging Students To Go In-House

    While a direct route from law school to in-house attorney is far from traditional for the majority of graduates, a handful of institutions offer classes and programs for students interested in joining a corporate legal team — a path some experts predict could be more appealing in the wake of the coronavirus pandemic.

  • October 02, 2020

    Acacia Research GC Censured, Ordered To Pay $25K Penalty

    Federal regulators have ordered Meredith Simmons, general counsel of the patent-licensing firm Acacia Research Corp., to pay a $25,000 civil penalty for backdating a compliance memo and impeding an investigation.

  • October 02, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    New guidance from the Occupational Safety and Health Administration says employers who learn a worker has died after catching COVID-19 on the job must report that fatality quickly, and the Association of Corporate Counsel backed a "general counsel oath" for ethical conduct. These are some of the stories in corporate legal news you may have missed in the past week.​

  • October 02, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a U.K. insurance technology company take aim at KPMG after an acquisition went south, grocer Ocado Group slapped with a patent infringement claim, and Puma and Nike prepare for a sneaker showdown. Here, Law360 looks at those and other new claims in the U.K.

  • October 02, 2020

    GOP Vows Virus Infections Won't Slow Barrett Confirmation

    Top Senate Republicans have vowed positive coronavirus tests for President Donald Trump and several key senators would not interfere with confirming Judge Amy Coney Barrett to the U.S. Supreme Court before Election Day, and the White House said the high court nominee had tested negative.

Expert Analysis

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Attys Should Stop Using 2 Common Cannabis Industry Terms

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    Adopting the industry-preferred alternatives to the terms "marijuana" and "black market" will help lawyers show that they are sensitive to the historical and systemic harm done by the war on drugs to people of color, say Joshua Mandell at Akerman, Nicole Phillis at Davis Wright and consultant Yvette McDowell.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Berman Ouster May Not Be The End Of SDNY Drama This Year

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    While the dust appears to have settled after the surreal departure of U.S. Attorney Geoffrey Berman from the Southern District of New York last month, the interim tenure of Acting U.S. Attorney Audrey Strauss bears close watch in this fraught moment leading up to the presidential election, say Danya Perry and Samidh Guha at Perry Guha.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • RPM Internal Probe Case Brings Privilege Lessons For Attys

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    A little-noticed case working its way through the D.C. federal courts — U.S. Securities and Exchange Commission v. RPM — could limit attorney-client and work-product protections in the context of internal investigations and should serve as a cautionary lesson for counsel sharing information with independent auditors, say Matthew Sloan and Danielle Dankner at Skadden.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

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