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Business of Law

  • August 10, 2018

    Grassley Sets Kavanaugh's Confirmation Hearing For Sept. 4

    Confirmation hearings for U.S. Supreme Court nominee Brett Kavanaugh will begin Sept. 4, Senate Judiciary Chairman Chuck Grassley said Friday afternoon, setting up a political showdown over President Donald Trump's choice to replace the retired Justice Anthony Kennedy.

  • August 10, 2018

    After #MeToo, Firms Still Have Blind Spots Vetting Laterals

    In the era of #MeToo, law firms are more conscious than they've ever been about the need to vet a potential new partner who may have a history of misconduct, but their options for screening attorneys are constrained by costs and other practical impediments, namely the need to maintain confidentiality in lateral jumps.

  • August 10, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    American Bar Association delegates OK'd a resolution calling on legal employers to abandon requirements that people with claims of sexual harassment go to arbitration and the U.K.'s Financial Conduct Authority outlined plans to work with regulators to create a network that will help financial technology firms test new ideas across jurisdictions. These are some of the stories in corporate legal news you may have missed in the past week.​

  • August 9, 2018

    Fish & Richardson Won't Match Cravath Pay Scale This Time

    Two years after Fish & Richardson PC decided to match the salary benchmark set by Cravath Swaine & Moore LLP, the intellectual property and litigation firm said Thursday that it has decided not to match this year’s race to boost associate compensation.

  • August 9, 2018

    After 25 Years, Ginsburg Poised For Golden Age Of Dissent

    As the Supreme Court shifts to the right, a pressing question may soon be answered: Just how notorious can Justice Ruth Bader Ginsburg get?

  • August 9, 2018

    Kavanaugh Docs Reopen Questions On His Terror Policy Role

    A handful of emails from D.C. Circuit Judge Brett Kavanaugh's time in the George W. Bush White House released Thursday could reignite a debate over his involvement in policy on treatment of suspected terrorists as he seeks retiring Justice Anthony Kennedy's seat on the Supreme Court.

  • August 9, 2018

    Female Ex-Clerks Praise Kavanaugh's Treatment Of Women

    As women's rights groups prepare for a show of force against the nomination of D.C. Circuit Judge Brett Kavanaugh to the U.S. Supreme Court in the days ahead, three of the judge's female former clerks spoke publicly Thursday in defense of their old boss's support of women in the workplace.

  • August 9, 2018

    Manafort Judge Says His Dressing-Down Of Feds Was Wrong

    The case against Paul Manafort focused Thursday on allegations that he tricked banks into more favorable loans, but it kicked off with a mea culpa from the Virginia federal judge admitting he may have made a mistake. 

  • August 9, 2018

    Latham's New Vice Chair Sets Sights On Global Connections

    A Chicago-based partner has been elected as a vice chair of Latham & Watkins, the firm announced Thursday, and he says he plans to focus on strengthening the firm’s global platform.

  • August 9, 2018

    Icahn Can't Escape Depo In Wachtell Malpractice Suit

    A Manhattan federal judge said on Thursday that billionaire financier Carl Icahn can’t get out of being deposed in a long-running malpractice fight between CVR Energy Inc. and Wachtell Lipton Rosen & Katz, saying he wasn’t buying the notion that prior questioning was done in bad faith.

  • August 9, 2018

    Law360's Weekly Verdict: Legal Lions & Lambs

    Nixon & Vanderhye PC and Freeborn & Peters LLP head up this week's legal lions list, securing a $315 million patent award for their clients in litigation over an automatic card-shuffler, while McGuireWoods landed on the legal lambs list after a federal jury slammed the firm's pork company client with a $474.5 million verdict in a nuisance suit over feces, urine, foul odors and flies associated with its hog farms.

  • August 9, 2018

    Ex-BigLaw Atty Who Traded On Client Docs Nears SEC Deal

    A New York federal judge paused a U.S. Securities and Exchange Commission's suit Thursday against a former BigLaw partner and his friend who copped to making $1 million off insider tips stolen from Foley & Lardner LLP computer files after the agency said it needed more time to finalize a settlement.

  • August 9, 2018

    Law360 Names Attys Who Moved Up The Firm Ranks In Q2

    A promotion to partner or election to practice group chair means lots of well-deserved recognition within a firm and in the larger legal community. Law360 reveals the list of attorneys whose commitment to excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the second quarter of the year.

  • August 8, 2018

    Kavanaugh’s Prosecutorial Discretion View A Moving Target

    Between 2013 and 2015, D.C. Circuit Judge Brett Kavanaugh appears to have shifted his views on a president's discretion to enforce certain laws, a change of heart that one prominent immigration attorney linked to former President Barack Obama's executive actions but that Judge Kavanaugh's supporters maintained has nothing to do with partisanship.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    Lawyer-Lender Fee Deals An Ethics Breach, NYC Bar Says

    Lawyer-lender financing deals in which repayments by attorneys are pegged directly to legal fees violate the ethics ban on sharing fees with nonlawyers, according to a recent opinion from the New York City Bar Association.

  • August 8, 2018

    4 Traits Facebook And Google Should Want In A New GC

    Technical expertise, business savvy and the kind of composure that not even a congressional hearing can shake — these are some of the essential characteristics that Google and Facebook should keep in mind as they look to fill two of the highest profile general counsel positions on the planet. Here, Law360 looks at four key factors that industry-leading companies should consider when searching for their next top lawyers.

  • August 8, 2018

    Ex-Holland & Knight Partner Joins Intelligence Agency As GC

    A former Holland & Knight LLP partner has been sworn in as the top attorney for the Office of the Director of National Intelligence, bringing to the post years of experience in counterterrorism work, government procurement and regulatory compliance.

  • August 7, 2018

    Key Senators Hit From All Sides In Kavanaugh Debate

    A nation-spanning proxy battle kicked into high gear this week surrounding D.C. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, with advocacy groups both for and against him pouring millions of dollars into advertising and demonstrations aimed at swing-vote senators heading home for a break.

  • August 7, 2018

    At Uneasy Time, New ABA President Praises Group's Role

    Bob Carlson, a shareholder with Montana law firm Corette Black Carlson & Mickelson PC, took over for Hilarie Bass as president of the American Bar Association on Tuesday, using the event as an opportunity to praise the organization's work amid mounting challenges.

Expert Analysis

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Opinion

    Centrist Analysis Of Justice Kennedy's Retirement Is Flawed

    Gordon Renneisen

    In telling Democrats and progressives not to melt down over the prospect of President Trump appointing another U.S. Supreme Court justice following Justice Anthony Kennedy's retirement, the centrists make four main arguments. None of them are convincing, says Gordon Renneisen of Cornerstone Law Group.