Business of Law

  • 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.

  • October 01, 2020

    AG Barr Slammed For 'Weaponizing' DOJ Ahead Of Election

    Former employees of the U.S. Department of Justice accused Attorney General William Barr of "weaponizing" the agency ahead of November's general election, saying Thursday that the DOJ chief seems to be trying to tilt the scales in favor of President Donald Trump.

  • October 01, 2020

    How Amy Coney Barrett Describes Her Biggest 7th Circ. Cases

    In the first step of her U.S. Supreme Court confirmation process, Judge Amy Coney Barrett has submitted a 65-page Senate questionnaire that includes a first-person account of the 10 most significant cases she handled since joining the Seventh Circuit three years ago.

  • October 01, 2020

    Boies Schiller Head Hopes Pay Overhaul Will Stem Departures

    Amid partner losses, Boies Schiller Flexner LLP's latest restructuring effort has been to get rid of its formula-based compensation system in the hopes that rewarding partners for nonbillable contributions will help retain top talent, one of the firm's managing partners told Law360 on Thursday.

  • October 01, 2020

    Sullivan & Cromwell Fights $70M Valuation On NYC HQ

    Sullivan & Cromwell LLP has challenged the more than $70 million valuation of its Manhattan headquarters, telling a New York state court that the amount is excessive and the true value of the property is about $28 million.

  • October 01, 2020

    Coronavirus Litigation: The Week In Review

    With the U.S. presidential election on the horizon, legal battles continue over states' mail-in voting procedures, 100 Outback Steakhouse locations say their insurer owes them coverage for coronavirus-related losses and small businesses that claim Wells Fargo stiffed applicants for the Paycheck Protection Program are fighting the bank's arbitration bid.

  • October 01, 2020

    High Court Pick Under Fire For 2006 Anti-Abortion Ad

    U.S. Supreme Court nominee Amy Coney Barrett came under fire from political opponents on Thursday after it was revealed she had signed on to a 2006 newspaper advertisement calling to overturn the landmark Roe v. Wade ruling that legalized abortion in the United States.

  • October 01, 2020

    Privilege Fight Brews As Buckley Eyes 'Key Partner' Coverage

    Buckley LLP should be ordered to turn over scores of emails sent in the run-up to a $6 million insurance claim the law firm filed after a misconduct investigation into its co-founder Andy Sandler triggered his abrupt exit three years ago, Buckley's former insurer says.

  • October 01, 2020

    3 Trends For GCs To Watch In IPO Listings

    Activist investors have been upping the pressure on corporate America to adopt more shareholder-friendly practices, but a recent survey shows that most companies and their general counsel are ignoring that pressure at the time of an IPO, choosing a pro-management structure instead.

  • October 01, 2020

    Law Student Group Says 26 Firms Fail On Climate

    A group driven by Yale Law School students gave failing grades to 26 major law firms it says disproportionately support clients and agendas that make climate change worse, including Paul Weiss, Latham & Watkins and Gibson Dunn, in a report released Thursday.

  • October 01, 2020

    Exxon Stays In-House With New GC Pick As Top Atty Retires

    Exxon Mobil Corp. said Thursday it has promoted an in-house attorney, who has previously served as chief legal officer at Cardinal Health and as acting deputy attorney general under President George W. Bush, to take over for its retiring general counsel next month.

  • October 01, 2020

    ACC Backs Ethical Oath For In-House Attorneys

    The Association of Corporate Counsel has endorsed a "general counsel oath," which was proposed by the general counsel for the advertising company Dentsu Inc., calling it a chance for in-house leaders to recommit to ethical conduct.

  • October 01, 2020

    Perkins Coie To Make Employees Whole After Virus Pay Cuts

    Perkins Coie LLP on Thursday became the latest law firm to announce it is restoring lawyer and staff pay after earlier cuts due to the coronavirus pandemic, but the firm is going a step further and also offering restoration payments to make up for lost income.

  • October 01, 2020

    Pa. Atty Loses Bid For COVID-19 Insurance Coverage

    A Pennsylvania federal judge freed Hartford Casualty Co. from having to cover The Law Office of Rhonda Hill Wilson PC's COVID-19-related losses, finding that the $50,000 limited virus coverage does not apply because the policy's virus exclusion clearly bars coverage.

  • October 01, 2020

    College Coronavirus Q&A: Duke's General Counsel

    In part two of a four-part series of conversations with top lawyers at colleges and universities as the fall semester is underway amid the COVID-19 pandemic, Duke University's general counsel recently chatted with Law360 about the process of testing and the athletics decisions the school has had to make.

  • October 01, 2020

    Law Firm M&A Began To Heat Up Again In 3rd Quarter

    U.S. law firms began to engage in more mergers and acquisitions in the third quarter of the year, with 20 deals total, after nearly coming to a standstill in the months after the coronavirus pandemic hit, according to data released Thursday.

  • October 01, 2020

    Bacardi Adds Coca-Cola Atty To Legal Mix As GC

    Bacardi & Co. Ltd. has named as its next general counsel a former longtime attorney at The Coca-Cola Co. who held both regional and international legal department positions during his 18 years there, the spirits company announced Thursday.

  • October 01, 2020

    Trump Taps Local Gov't Atty For SC Trial Court

    President Donald Trump on Thursday said he'll nominate a county attorney to the federal bench in South Carolina.

  • September 30, 2020

    Calif. Bar Takers Can't Change Disability Accommodation Plan

    A California federal magistrate judge refused Wednesday to grant a preliminary injunction forcing the state bar to provide certain disability accommodations in test takers' homes, concluding that test takers must either abide by the state bar's remote testing restrictions or travel during a pandemic to receive accommodations at an official test site.

  • September 30, 2020

    Ex-Nixon Peabody Attys Must Arbitrate Clawback Fight

    Five former Nixon Peabody LLP partners must arbitrate their claims that the firm punished them for leaving for DLA Piper last year, a New York state trial court ruled Wednesday, finding that the lawyers had agreed to arbitration provisions in their partnership agreements.

  • September 30, 2020

    Calif. Bar Lays Out Atty Duty To Avoid Client Data Breaches

    Lawyers have a duty to secure their electronic devices that hold confidential client information to guard against data breaches that would put their clients at risk, a California State Bar committee said in an ethics opinion published Wednesday.

Expert Analysis

  • 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.

  • Opinion

    Texas Should Cancel Its 2020 Bar Exam

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    An in-person bar exam in July would pose unacceptable health risks and put applicants at an unfair disadvantage, so the Texas Supreme Court should instead initiate a COVID-19 diploma privilege for this year, say professors Renee Knake and Dave Fagundes at the University of Houston.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • The Law Behind The Strange Departure Of US Atty Berman

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    In the wake of this weekend's confusing, contradicting statements regarding the removal of Geoffrey Berman as U.S. attorney for the Southern District of New York, it is useful to ask what law governs here, why the standoff with Attorney General William Barr ended the way it did, and what history teaches us about these circumstances, says Daniel Levy at McKool Smith.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

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