Business of Law

  • September 30, 2020

    Calif. Law Grads Again Push To Cancel Remote Bar Exam

    In one of the latest legal battles over October bar exams affected by the ongoing pandemic, law school graduates are asking the California Supreme Court to drop its plans for a remote test due to concerns over technical glitches and are pushing for provisional licenses to be issued instead. 

  • September 30, 2020

    Fla. Announces 2 Backup Plans For Oct. 13 Bar Exam

    The Florida Board of Bar Examiners said Wednesday that ongoing trial runs of the bar exam using new ExamSoft software have been a success, but added that two backup plans will be in place for the Oct. 13 exam in case there are issues with the software.

  • September 30, 2020

    Baker Hughes GC Focuses On Leading In Uncertain Times

    Regina Jones, now in her sixth month as the chief legal officer of Baker Hughes Co., has found that her job in these uncertain times centers much more on leading than lawyering.

  • September 30, 2020

    How Amy Coney Barrett Describes Her Legal Career

    Seventh Circuit Judge Amy Coney Barrett has given a first-person account of her legal career in a 65-page Senate questionnaire that sets the stage for her U.S. Supreme Court confirmation hearings.

  • October 02, 2020

    Law360's The Term: The Impact Of Amy Coney Barrett

    The U.S. Supreme Court's 2020 term kicks off Monday. The team discusses what Seventh Circuit Judge Amy Coney Barrett's confirmation to the high court would mean for some of the biggest cases on the docket, from the fate of the Affordable Care Act to the First Amendment.

  • September 30, 2020

    Is BigLaw Regretting Its Proclivity For Pay Guarantees?

    Some BigLaw firms are feeling the pinch of multiyear compensation guarantees they promised laterals before the coronavirus pandemic hit, with many taking a step back and reevaluating their use of the hiring tool, especially as some long-time partners see their pay pared back.

  • September 30, 2020

    Cannabis Co. Fights Shareholders' Bid To DQ Attys From Suit

    Cannabis company Upper Street Marketing and its CEO have asked an Oklahoma federal judge to reject two shareholders' bid to disqualify their counsel from a derivative suit over alleged mismanagement.

  • September 30, 2020

    Allen & Overy Goes After Crypto Platform For Unpaid Fees

    A limited liability company for a cryptocurrency trading platform and its founder shorted lawyers at Allen & Overy LLP more than $900,000, the firm has alleged in New York state court.

  • September 30, 2020

    College Coronavirus Q&A: Cal State's General Counsel

    In part one of a four-part series looking at the questions top college and university lawyers are facing as students start the fall semester amid the COVID-19 pandemic, California State University general counsel Andrew Jones speaks to Law360 about the university's decision early on to go remote for the entire year and the complex considerations related to flu vaccination.

  • September 30, 2020

    Calif. Gov. Signs Bill Aimed At Diversifying Jury Pools

    California Gov. Gavin Newsom signed a bill this week aimed at increasing the diversity of jury pools in the state by requiring county jury commissioners to include all income tax filers, not only registered voters and licensed drivers, when establishing jury pools.

  • September 30, 2020

    The Battle To Confirm Amy Coney Barrett To The High Court

    Seventh Circuit Judge Amy Coney Barrett was nominated by President Donald Trump to the U.S. Supreme Court on Sept. 26, just over a week after the death of Justice Ruth Bader Ginsburg. Here, Law360 takes a look at Judge Barrett's background and the battle ahead.

  • September 30, 2020

    Perkins Coie Rakes In Microsoft, Intel Diversity Honors

    Perkins Coie LLP on Wednesday was recognized by both Microsoft Corp. and Intel Corp. for coming out on top over other BigLaw firms on increasing the representation of women and historically underrepresented attorneys within its ranks and on client matters.

  • September 30, 2020

    Law Firm Leaders: Bilzin Sumberg's Albert Dotson

    Albert E. Dotson Jr. took over as managing partner of 100-attorney, Miami-based law firm Bilzin Sumberg Baena Price & Axelrod LLP almost two years ago.

  • September 29, 2020

    Supreme Court Leads At 1st Trump-Biden Debate

    President Donald Trump and Democratic nominee Joe Biden jousted over the U.S. Supreme Court at their unruly first debate Tuesday, disagreeing over when to fill a vacant seat and whether Biden should address liberal proposals to add more justices.

  • September 29, 2020

    JPMorgan, Goldman GCs Up The Ante On Diversity Promises

    Amid civil unrest over racial injustices in the U.S., top in-house lawyers from JPMorgan Chase & Co., Goldman Sachs, Bank of America and nine other global financial institutions have pledged to further their commitment to diversity efforts in the legal profession, outlining a list of goals for themselves and their peers in an open letter shared Tuesday with Law360.

  • September 29, 2020

    Northern District Of Ga. Says No Jury Trials Until 2021

    As coronavirus levels stay high in Georgia, the federal district that includes Atlanta said Tuesday it will hold no jury trials before next year, including high-profile showdowns like the $400 million kickbacks case against two former Tenet Healthcare Corp. executives.

  • September 29, 2020

    DLA Piper Escapes Tech Co.'s Malpractice Suit

    A technology company has dropped DLA Piper's Canadian arm and two individual attorneys from a malpractice suit over a patent application process that went sour, effectively ending the case in Florida federal court.

  • September 29, 2020

    Bryan Cave Snags High Court Practice Co-Chair From Sidley

    Sidley Austin LLP's West Coast head of the firm's appellate and supreme court group has moved to Bryan Cave Leighton Paisner LLP, his new firm announced Tuesday.

  • September 29, 2020

    In JPMorgan Deal, DOJ Puts Spotlight On Compliance Tech

    In the deferred prosecution deal with JPMorgan Chase & Co. announced Tuesday, federal prosecutors made clear that they now expect companies and their in-house counsel to bring data analysis into corporate compliance.

  • September 29, 2020

    Flynn Atty Invokes Executive Privilege Over Trump Meeting

    A D.C. federal judge forced Michael Flynn's lead defense attorney to admit Tuesday she has personally discussed the former national security adviser's criminal case with President Donald Trump recently, just moments after she invoked executive privilege to avoid speaking about the nature of her conversations. 

  • September 29, 2020

    Will Barrett Deliver Pivotal Vote To Strike Down The ACA?

    Democrats are understandably scared that Judge Amy Coney Barrett will vote to vaporize the Affordable Care Act if she joins the U.S. Supreme Court. But whether she'll actually do so, much less deliver a decisive fifth vote against the landmark law, is far from clear.

  • September 29, 2020

    Jay-Z's 'Diary' Unsealed In Perfume Case As Secrecy Bid Fails

    A New York state judge declined to seal a large cache of documents belonging to Jay-Z on Tuesday in a lawsuit that claims the rap icon didn't promote a perfume as promised, only letting him redact information like his phone number from a personal schedule.

  • September 29, 2020

    Jones Day Fights Atty's Bid To Revive Equal Pay Claim

    Jones Day has told a D.C. federal judge to stick with his decision to toss a former associate's Equal Pay Act claim, insisting the attorney hasn't shown she tackled the same workload as her higher-paid male peers.

  • September 29, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    President Donald Trump's reelection campaign continued to lock horns with governors fighting the COVID-19 pandemic this week, with New Jersey defending lawsuits over the state's remote-voting plan and Pennsylvania seething over a crowded rally the president held there recently.

  • September 29, 2020

    The Top In-House Hires Of September

    Legal department hires during September included high-profile appointments at Zoom, AAA and BroadwayHD. Here, Law360 looks at some of the top in-house announcements from the past few weeks.

Expert Analysis

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

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