Business of Law

  • December 8, 2017

    Law360's Pro Say: Kennedy Torn In Masterpiece Cakeshop

    On the latest episode of Law360's Pro Say podcast, the team discusses Justice Kennedy's swing vote in a case pitting religious freedom and free speech against gay rights, a bizarre trial over a scheme to skirt sanctions on Iran, and Katy Perry's win in a suit over her purchase of a convent.

  • December 8, 2017

    9th Circuit's Kozinski Accused Of Showing Staffers Porn

    After reports surfaced claiming Ninth Circuit Judge Alex Kozinski had showed female clerks pornography and engaged in other misconduct, the high-profile jurist told Law360 on Friday it was “regrettable” if he had offended any of his staffers.

  • December 8, 2017

    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.

  • December 8, 2017

    Fla. Justices Stay Case To Mull Judge's Facebook Friendship

    The Florida Supreme Court on Thursday paused lower court proceedings in a suit seeking to get a judge disqualified for being Facebook friends with opposing counsel, indicating the court might take up the case.

  • December 8, 2017

    Legal Sector Picks Up 600 New Jobs In November

    U.S. legal services jobs climbed by 600 jobs in November, marking four consecutive months of job growth and the second-highest total for the sector so far in 2017, the Bureau of Labor Statistics said Friday in its latest jobs report.

  • December 8, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Legislators introduced a bill to prevent businesses from enforcing mandatory arbitration agreements in instances where employees allege workplace sexual harassment, and a credit union sued President Donald Trump to block Mick Mulvaney from leading the Consumer Financial Protection Bureau. These are some of the top stories in corporate legal news you may have missed this past week.

  • December 7, 2017

    K&L Gates Rips Claim It Aided Alleged Weinstein Cover-Up

    K&L Gates responded Thursday to allegations in a putative New York federal racketeering class action that claimed the firm helped cover up Hollywood producer Harvey Weinstein’s alleged sexual assaults, noting the firm is not named as a defendant and denying any links to an alleged Weinstein cover-up.

  • December 7, 2017

    Heller Ehrman's BigLaw Fee Fight Hits Calif. High Court

    The California Supreme Court dove deep into the financial rights of law firms on Thursday when the trustee of dissolved firm Heller Ehrman LLP argued it’s entitled to the hourly profits of ex-partners for cases they continue at new firms like Jones Day and Orrick Herrington & Sutcliffe LLP.

  • December 7, 2017

    Law360's Weekly Verdict: Legal Lions & Lambs

    Attorneys from Kelly Hart & Hallman LLP, Jones Day, Skadden Arps Slate Meagher & Flom LLP and Bradley Arant Boult Cummings LLP take the lead in this week's list of legal lions for their role in overturning an $84 million award against their clients, while the legal lambs list is rounded out by a number of attorneys in hot water.

  • December 7, 2017

    Slater And Gordon Dodges Insolvency After Shareholder Vote

    Slater and Gordon Ltd. shareholders on Wednesday voted in favor of a recapitalization plan to give control of the publicly traded Australian law firm to hedge funds, at its annual general meeting in Melbourne.

  • December 7, 2017

    Senate Panel Advances Trump's 5th, 8th Circ. Picks

    The Senate Judiciary Committee on Thursday advanced a pair of Fifth Circuit nominees, Texas Supreme Court Justice Don Willett and Gibson Dunn & Crutcher LLP partner James Ho, along with Eighth Circuit nominee L. Steven Grasz of Husch Blackwell LLP over objections from Democrats.

  • December 7, 2017

    Hardcover Hazards: 4 Ethics Risks For Judges Writing Books

    From local judges to U.S. Supreme Court justices, it’s not unusual for jurists to write and publish books — but judges looking to see their names in print need to make certain they are aware of the judicial ethics rules that cover both the writing and the marketing of books.

  • December 7, 2017

    Firms Are Facing A Cash Crunch As Demand Falters

    Some law firms are feeling a squeeze on the cash they have available for investments in the future as demand for firms' services remains sluggish and partners continue to expect ever-rising profit payouts.

  • December 6, 2017

    Legal Tech Download: In-House Overhaul & Allegory Buy

    The world of legal technology is quickly evolving, with new products coming to market in rapid succession. Here, Law360 takes a look at seven major recent developments.

  • December 6, 2017

    Texas Justices Told Free Speech Law Beats Atty Fraud Claims

    Counsel for an attorney who is aiming to use a Texas free speech law as grounds to dismiss fraud claims brought against him by a former court opponent told the Texas Supreme Court in oral arguments Wednesday that the conduct at the heart of the complaint “arose from a judicial proceeding,” and therefore the suit must be tossed under the law.

  • December 6, 2017

    Judge Rules Del. Political Bench Balance Unconstitutional

    A federal magistrate judge ruled Wednesday in favor of a Delaware man who argued that the state’s requirement for political party balance on its judicial benches violated the U.S. Constitution, finding that judges don’t fall under policymaker exceptions to prohibitions against political tests for government employment.

  • December 6, 2017

    Morgan Lewis Says Ex-Client Suing For $30M Waived Conflicts

    Morgan Lewis & Bockius LLP argued in a filing docketed Tuesday that a former client suing the firm in Pennsylvania state court for $30 million over an alleged betrayal had twice waived any conflicts stemming from the firm’s representation of potential adversaries.

  • December 5, 2017

    Fla. Judicial Panel Offers Sens. 4 Names For District Seats

    Florida's federal judicial nominating commission on Monday sent the names of four potential nominees — two trial court judges and two appellate judges — to the state's U.S. senators for the three vacancies on the Middle District of Florida bench.

  • December 5, 2017

    Hackers Cite Roy Moore Scandal In Law Firm Snoop Scheme

    Chinese hackers tried to spy on attorneys and snatch secret files from three multinational law firms by luring lawyers with phishing emails citing the uproar over Alabama Senate candidate Roy Moore, cybersecurity researchers said Tuesday.

  • December 5, 2017

    House's Complex Pass-Through Tax Plan Expected To Fizzle

    As the House and Senate prepare to reconcile their vastly different proposals for taxing pass-through enterprises, practitioners anticipate that the more complex House plan, favoring capital-intensive businesses and passive investors, ultimately will get ditched for the more labor-friendly Senate version.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Series

    My Strangest Day In Court: Arguing From The Gallery

    M.C. Sungaila

    Appellate lawyers are usually silent observers at trial who collaborate on legal strategy, conduct research during court breaks, and craft jury instructions, verdict forms and major motions. But as I discovered in one trial, this is not always the case, says M.C. Sungaila of Haynes and Boone LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Series

    My Supreme Court Debut: Calm, Confidence And Poise

    Jean-Claude André

    It would be disingenuous to suggest that my heart did not skip a beat when I walked into the U.S. Supreme Court knowing I would be arguing there for the first time an hour later. However, my experience demonstrates that a first-time advocate can approach the lectern calmly and confidently through thorough preparation, says Jean-Claude André of Sidley Austin LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Solving Pay Equity Questions With Regression Analysis

    Charles Diamond

    All types of companies, including law firms, often wonder how a pay analysis can be beneficial if there are so many factors that can't be captured in a statistical model. The good news is that regression analysis is quite adequate in modeling the quantitative factors that drive pay, but can also be used to understand and isolate nonquantitative factors, say Charles Diamond and Rick Holt of Resolution Economics LLC.