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Business of Law
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September 18, 2024
Pa. Jury Clears SeaWorld-Owned Park In Race Bias Trial
A Pennsylvania jury on Wednesday freed SeaWorld's Philadelphia-area park Sesame Place of claims that minority children endured discrimination by costumed performers who were accused of ignoring them during character parades.
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September 18, 2024
Venable Co-Managing Partner Dies After Lengthy Illness
Venable LLP announced Wednesday that the firm's co-managing partner Larry Gesner died this week following an illness that lasted several years.
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September 18, 2024
Calif. Atty Can't Escape Billing Scandal's Hacking Claim
A San Fernando Valley attorney will have to face his ethics case that alleges he tried to hire "Israeli military hackers" to access personal accounts of a judge overseeing a public utility class action, after the California State Bar court rejected his motion to dismiss.
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September 18, 2024
Senate Confirms Calif. Judge To Federal Bench
The Senate voted 49-44 on Wednesday to confirm Judge Michelle Williams Court to the Central District of California.
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September 18, 2024
Gibson Dunn Loses Fee Fight With Ex-Partner
Gibson Dunn & Crutcher LLP must pay an additional $141,000 in legal fees to ex-partner and hotshot appellate attorney Mark A. Perry, on top of the roughly $585,000 the firm owes him after losing a legal battle over his departure to Weil Gotshal & Manges LLP.
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September 18, 2024
Wayne State Law Student Refused Accommodations, School Says
Wayne State University argued Wednesday it did not violate the Americans with Disabilities Act by not letting a law student attend class virtually, telling a Michigan federal judge the student, who sued the university, turned down its offers of in-class accommodations, on-campus housing and other resources to help her attend lectures.
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September 17, 2024
DOJ Investigating Alaska US Atty's Office, Murkowski Says
Sen. Lisa Murkowski revealed Tuesday that the U.S. Department of Justice is investigating the U.S. attorney's office in Anchorage following the resignation of an Alaska federal judge who reportedly had an "inappropriately sexualized relationship" with a law clerk even after she joined the prosecutors' office.
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September 17, 2024
Pa. Judge Confirmed As GOP Leader Bemoans Dems' Tactics
The Senate voted 52-41 Tuesday to confirm Mary Kathleen Costello as U.S. district judge for the Eastern District of Pennsylvania, but first the chamber's top Republican took time to blast judiciary policymakers for backing what he said were Democratic initiatives regarding the federal bench.
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September 17, 2024
Pryor Cashman Taps NY Litigator As Next Managing Partner
A New York-based litigator will be the new managing partner of Pryor Cashman LLP starting next year, capping off a nearly 30-year journey at the firm that he began as an associate.
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September 17, 2024
Sidley M&A Leader To Head Firm's Exec Committee
Sidley Austin LLP announced Tuesday that a co-head of the firm's M&A and private equity practice will be the next chair of its executive committee, tapping an attorney who has been with the firm for more than three decades to fill the leadership post.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Duane Morris Atty Asks Court To Keep Proposed Class Alive
A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.
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September 17, 2024
Eversheds US Chief-Elect Talks Firm Goals, DC Move Plans
Eversheds Sutherland named Lino Mendiola III the chief executive-elect for the U.S. side of the firm on Monday. Here, Mendiola talks to Law360 about his goals, his plans to continue the firm’s culture of innovation and why he’s transferring from Austin, Texas, to Washington, D.C., with the promotion.
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September 17, 2024
Investors' Losses Were Caused By Own Failures, Firm Says
A Liverpool-based law firm has denied claims it was negligent when advising investors on a real estate investment deal alleged to be a Ponzi scheme, arguing that investors' losses were caused by their failure to follow legal advice.
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September 17, 2024
Holland & Knight Slams Suit Over Ex-Atty's Client Info Access
Holland & Knight LLP urged a Pennsylvania federal judge on Monday to throw out what it called a "scattershot and vague" lawsuit alleging that a former firm partner unlawfully accessed a client's confidential documents in order to gain an upper hand in the partner's contentious divorce proceeding.
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September 17, 2024
8th Circ. Won't Revive Fired Lockheed Atty's Race Bias Suit
The Eighth Circuit refused on Tuesday to reinstate a race discrimination and retaliation case brought by a former Lockheed Martin in-house attorney whose suit was tossed after a trial court concluded she had lied about her income, rejecting her push to deflect blame onto her lawyers.
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September 17, 2024
PSEG's GC To Retire As Utility Co. Lines Up Her Successor
The top attorney for Public Service Enterprise Group is retiring next year after more than three decades with the utility provider, the company announced Tuesday.
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September 16, 2024
Senate Confirms Tenn, Prosecutor To 6th Circ.
The U.S. Senate Monday confirmed federal prosecutor Kevin Ritz to join the Sixth Circuit bench along a 48-46 party line vote following vocal objections from the senior senator from Tennessee over the past few months.
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September 16, 2024
Michael Best Absorbs 6-Atty Great Plains Startup Boutique
Michael Best & Friedrich LLP announced Monday it had expanded into the Great Plains region of the U.S. as it combines with a six-attorney Nebraska-based boutique helmed by a former Wilson Sonsini Goodrich & Rosati PC attorney.
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September 16, 2024
Federal Judges Beat Ethics Complaint Over Clerk Boycotts
Two federal judges did not commit misconduct by joining in a letter with other jurists stating they would not hire students who attend Columbia University or its law school as clerks due to the university's handling of student protests over the Israeli-Palestinian conflict, the Eleventh Circuit Judicial Council has found.
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September 16, 2024
DOJ Special Counsel Hur Among Duo Joining King & Spalding
King & Spalding LLP announced Monday that Robert Hur, the former special counsel who declined to prosecute President Joe Biden earlier this year over his handling of classified documents, was rejoining the firm alongside fellow U.S. Department of Justice attorney Leah Grossi.
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September 16, 2024
Record Retrieval Co. Hit With Suit Over Data Breach
Medical record retrieval company Compex Legal Services Inc. is facing a proposed class action in California federal court over an April data breach that exposed consumers' personal and health information.
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September 16, 2024
Eversheds Elects New Co-Chiefs To Start In 2025
Eversheds Sutherland announced Monday it has elected a pair of new chief executives whose roles will start in 2025, with one overseeing the U.S. arm of the firm and the other overseeing the international offices.
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September 16, 2024
Lawyer Fined For Claiming Mishcon Represented Pinochet
A high-profile criminal defense lawyer has been fined £6,500 ($8,600) by a disciplinary tribunal for making misleading statements about Mishcon de Reya in an antisemitic broadcast on an Iranian state-owned documentary channel.
Expert Analysis
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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After Chevron: New Lines Of Attack For FCA Defense Bar
Loper Bright has given defense counsel new avenues to overcome the False Claims Act elements of falsity and scienter, as any FCA claim based upon ambiguous statutory terms can no longer stand solely on agency regulations to establish the statute's meaning, which is itself necessary to satisfy the FCA's basic requirements, says Elisha Kobre at Bradley Arant.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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After Chevron: Delegation Of Authority And Tax Regulators
The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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After Chevron: What Loper Bright Portends For The NLRB
While the U.S. Supreme Court has a long history of deferring to the National Labor Relations Board's readings of federal labor law, the court's Loper Bright v. Raimondo decision forces courts to take a harder look at the judgment of an agency — and the NLRB will not be immune from such greater scrutiny, says Irving Geslewitz at Much Shelist.
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After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
After Chevron: Slowing Down AI In Medical Research
The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.