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Business of Law
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April 30, 2024
Titan Of The Plaintiffs Bar: BLB&G's Jeroen Van Kwawegen
Were it not for the University of Amsterdam's study abroad program, Netherlands-born Jeroen van Kwawegen might have never moved to the United States. And were it not for a long-distance relationship that got its start in the U.S., van Kwawegen might still be based across the Atlantic.
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April 30, 2024
Ex-DOJ Antitrust Atty Joins Kressin Meador As Name Partner
A former U.S. Department of Justice official who most recently worked at Fried Frank Harris Shriver & Jacobson LLC has joined antitrust boutique Kressin Meador Powers LLC, formerly known as Kressin Meador LLC, as a name partner.
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April 30, 2024
Ethics Probes Take Mental Toll On Solo, Small Firm Attorneys
Facing a disciplinary complaint can take a toll on any attorney’s mental health. But for solo practitioners and small firm lawyers, who typically juggle all aspects of their business from handling client matters to administrative tasks like managing trust accounts, it can threaten to upend their lives.
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April 30, 2024
Trump Held In Contempt For Trashing Witnesses In NY Trial
A New York state judge on Tuesday found former President Donald Trump in contempt of court for repeatedly violating a gag order in his criminal hush money case by publicly attacking expected witnesses, including his former attorney Michael Cohen.
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April 30, 2024
Coverage Recap: Day 5 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day five.
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April 29, 2024
Robinhood's Top Lawyer Saw Pay Slashed By 29% In 2023
Dan Gallagher, the chief legal officer for online securities trading company Robinhood, earned $10.7 million in 2023, a nearly 30% decrease from the $15.1 million he came away with in 2022, according to a filing with the U.S. Securities and Exchange Commission.
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April 29, 2024
'Hell No': Judge Rejects Ex-NSA Worker's Lighter Sentence Bid
A Colorado federal judge on Monday sentenced a former National Security Agency employee to nearly 22 years in prison for trying to sell classified national security information to someone he believed to be a Russian agent, calling the conduct "as close to treasonous as you can get."
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April 29, 2024
Kirkland Adds 2nd Funds Group From Goodwin This Year
Kirkland & Ellis LLP has hired a group of four attorneys specializing in investment funds from Goodwin Procter LLP, the firm said Monday, following its addition of five investment funds lawyers from the same firm in February.
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April 29, 2024
NJ Legal Groups Fight Ban On Out-Of-State Atty Referral Fees
The New Jersey State Bar Association and other Garden State professional legal groups are looking to reverse guidance from a New Jersey Supreme Court ethics committee prohibiting the state's certified attorneys from paying referral fees to out-of-state lawyers.
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April 29, 2024
11th Circ. Should Nix Tax Court Judges' Shield, Widow Says
The widow of a supermarket butcher told the Eleventh Circuit that the U.S. Tax Court not only wrongly upheld tax liabilities against her stemming from her husband's tax filings but also erroneously affirmed unconstitutional job protections for its judges.
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April 29, 2024
Turkey Cos. Seek Swift Appeal Of Burford's Ability To Sue
Some of the country's largest turkey producers have asked an Illinois federal court for permission to immediately appeal a March ruling that allows a Burford Capital investment unit to pursue price-fixing allegations against them, arguing the Seventh Circuit should weigh in on whether the investor is permitted to bring such a claim.
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April 29, 2024
Titan Of The Plaintiffs Bar: Robbins Geller's Spencer Burkholz
Robbins Geller Rudman & Dowd LLP's Spencer A. Burkholz is quick to downplay his accomplishments litigating major securities cases during his lengthy career, saying effective teamwork has been the key to those successes.
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April 29, 2024
Immigration Firm BAL Lands 21 Attys From Seyfarth
Immigration firm Berry Appleman & Leiden LLP is set to welcome about 90 legal professionals — including 21 attorneys — from Seyfarth Shaw LLP this summer and will open a new office in Atlanta as part of the expansion, the firm said Monday.
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April 29, 2024
The Best Therapy For Lawyers, According To Ex-Lawyers
Attorneys-turned-therapists say no one understands the stresses of being a lawyer like another lawyer. They also say their clients sometimes struggle at first with treatment that prioritizes feelings, mindfulness and even body awareness over the intellectualizing and rationalizing that make them successful at their jobs.
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April 29, 2024
EEOC Guidance Addresses Telework, Shields LGBTQ Workers
The U.S. Equal Employment Opportunity Commission on Monday unveiled the final version of its enforcement guidance on workplace harassment, updating the agency's advice to factor in developments such as the U.S. Supreme Court's landmark Bostock decision and the rise of remote work.
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April 29, 2024
Justices Won't Hear Musk's Case Against SEC Gag Order
The U.S. Supreme Court on Monday said it will not review the terms of a settlement Elon Musk entered into with the U.S. Securities and Exchange Commission six years ago, keeping intact a Second Circuit decision that upheld the terms of a deal that said the Tesla CEO must receive preauthorization before making certain social media posts about the car manufacturer.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 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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April 26, 2024
Trump Casts Tabloid Deal As 'Standard Operating Procedure'
Donald Trump's attorneys tried to undermine Manhattan prosecutors' lead witness in his criminal trial on Friday, casting his deal to boost his presidency with the help of a friendly tabloid baron as nothing more than a savvy business relationship that was perfectly legal.
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April 26, 2024
How Legos, 'Working Girl' Sealed $10B Sibling Rivalry Win
A father-son attorney team used Legos and an argument borrowed from the 1988 film "Working Girl" to help a Los Angeles jury understand how their client's own brother illegally stole his multibillion-dollar real estate business, leading to a $10 billion verdict for their client and his other brothers, the attorneys told Law360.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
TikTok GC To Step Down, Work On Overturning US Law
The global general counsel for TikTok and parent company ByteDance will be stepping down from his role in June to take on a different job within the social media giant, the company announced Friday: fighting a new federal law requiring ByteDance to divest in TikTok or face a ban in the U.S.
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April 26, 2024
Coverage Recap: Day 4 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day four.
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April 26, 2024
2 NC Sens. Seek Atty Fee Cap In Debt Collection Suits
Two Republican North Carolina lawmakers have proposed state legislation that would close a loophole for attorney fees in debt collection actions while giving courts more power to determine a reasonable charge.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
Expert Analysis
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Roundup
Keys To A 9-0 High Court Win
In this Expert Analysis series, advocates who have recently won unanimous rulings from the justices share their argument strategies, the tactics they think may help unify the court, and what other practitioners can learn from their experience.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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The Lawyer Personalities That Make Up Joint Interest Groups
As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.
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How ITC's Junior Atty Program Can Benefit Firms, Clients
Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases
A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.