Business of Law

  • May 21, 2020

    The Term: Clarence Thomas Steps Into The Spotlight

    He's quiet, conservative and controversial. But what do we really know about Justice Clarence Thomas? This week, the team discusses a new documentary on the enigmatic justice that features interviews with the man himself.

  • May 21, 2020

    11th Circ. Says Judicial Nominating Panel Not Subject To FOIA

    The Eleventh Circuit on Thursday upheld a Florida federal court's decision to dismiss a Freedom of Information Act lawsuit against a state judicial nominating commission, affirming the lower court's determination that the commission was not a federal agency.

  • May 21, 2020

    Washington Bar To Update State High Court On Harassment

    Washington state's highest court has asked the Washington State Bar Association to update it on concerns by the organization's staff that its leadership fostered a "hostile work environment" by bungling a probe into allegations that a board member sexually harassed a staffer.

  • May 21, 2020

    White & Case, Akerman Alter Summer Programs Due To Virus

    White & Case LLP and Akerman LLP confirmed changes to their summer associate programs Thursday, becoming the latest firms to adjust their offerings to budding lawyers as the novel coronavirus impacts the legal industry.

  • May 21, 2020

    DC Circ. Orders Judge To Respond To Flynn's Bias Claims

    The D.C. Circuit has given U.S. District Judge Emmet Sullivan 10 days to respond to former national security adviser Michael Flynn's accusations that the judge is "biased" for not allowing the government to drop charges against him.

  • May 21, 2020

    Malpractice Insurance Bills To Climb Even Higher After Virus

    The BigLaw bill for legal malpractice insurance, already riding an upward trend in commercial coverage rates, is expected to head even higher amid an expected onslaught of pandemic-era disputes with attorneys.

  • May 21, 2020

    Even At Firms Making Gender Equity Progress, Work Remains

    A new Yale Law Women report ranking firms on issues related to gender equity found that while some firms, including Jenner & Block LLP and Allen & Overy LLP, are excelling in areas like hiring and LGBTQ+ representation, all firms still have room for improvement.

  • May 21, 2020

    Law Firm Can't Blame First Republic For $300K Email Scam

    A Boston law firm targeted by an email scam can't hold First Republic Bank responsible for processing a $337,000 counterfeit check and subsequent wire transfers because the bank was simply following the firm's directions, the Massachusetts intermediate-level appeals court ruled Wednesday.

  • May 21, 2020

    Law360's Weekly Verdict: Legal Lions & Lambs

    Latham & Watkins LLP is among this week's legal lions with a win for Facebook in litigation over unwanted text messages, while Brafman & Associates PC ended up among the legal lambs after a judge rejected client Martin Shkreli's bid for release from prison.

  • May 21, 2020

    OCC's Otting To Depart As Ex-Coinbase Lawyer Steps Up

    The head of the Office of the Comptroller of the Currency announced Thursday that he's stepping down, an expected departure that comes one day after he released a major rewrite of community lending regulations and paves the way for a former top lawyer for Coinbase to take the reins of the agency.

  • May 20, 2020

    Michael Cohen Gets Home Confinement Amid Pandemic Fears

    The U.S. Bureau of Prisons has decided that President Donald Trump's former lawyer Michael Cohen won't have to serve the rest of his three-year prison sentence behind bars due to concerns related to COVID-19, according to multiple media reports Wednesday.

  • May 20, 2020

    Dems Denounce 5th Circ. Pick Over ACA, Citing Pandemic

    Democratic senators on Wednesday assailed a former Mississippi Republican lawmaker tapped for the Fifth Circuit over his strident attacks on the Affordable Care Act, arguing that the coronavirus pandemic made his nomination inappropriate, as the chamber also confirmed district court picks for Alabama and Oklahoma.

  • May 20, 2020

    Women Justices Cut Off More, Spoke Less In Phone Hearings

    Women justices participating in the U.S. Supreme Court's first-ever teleconference hearings were interrupted significantly more often than their male colleagues and were given less overall speaking time, according to a report published Tuesday.

  • May 20, 2020

    Firms Ask 11th Circ. To Lift Block On Fee Claim In Fraud Case

    Law firms Leon Cosgrove LLP and Mitchell Silberberg & Knupp LLP told the Eleventh Circuit on Wednesday that a lower court erred by approving a prohibition against their pursuing payment from an insurance company when it signed off on a settlement agreement in an SEC fraud suit against their former client.

  • May 20, 2020

    Legal Service Firm Drops COVID-19 Loss Suit Against Insurer

    Magna Legal Services LLC said it will drop a suit against Hartford Fire Insurance Co. alleging it wrongfully denied coverage for business losses because of state-mandated closures amid the COVID-19 pandemic.

  • May 20, 2020

    FirstEnergy Names New Chief Legal Officer

    FirstEnergy Corp. announced Tuesday that it is promoting general counsel Robert Reffner to the role of senior chief legal officer and is moving two other top members of its in-house legal team into new positions.

  • May 20, 2020

    Judges Prefer Zoom And WebEx As Courtrooms Go Virtual

    Zoom and WebEx are the online platforms of choice for judges throughout the country in the midst of the COVID-19 pandemic, according to the National Judicial College's polling of hundreds of judges.

  • May 20, 2020

    The New Normal In SDNY Will Include 'Lots Of Plexiglass'

    As the COVID-19-stricken greater New York City area inches toward reopening for business, a platoon of workers at the Southern District's federal courthouses is readying a transformation that will include enhanced social distancing for jurors, controlled access and clear barriers to shield workers and trial witnesses.

  • May 20, 2020

    Trump Taps Kirkland Alum For Alabama Trial Court

    President Donald Trump on Wednesday announced his selection for an Alabama federal court, tapping a 35-year-old former Kirkland & Ellis LLP partner who currently serves as the state's solicitor general to replace another Trump pick who was elevated to the Eleventh Circuit.

  • May 20, 2020

    Legal Tech Download: Layoffs, Litigation And New Funding

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

  • May 20, 2020

    BakerHostetler, Kramer Levin Shorten Summer Programs

    BakerHostetler and Kramer Levin Naftalis & Frankel LLP are among the latest law firms to adjust their summer associate programs due to the COVID-19 pandemic, on Wednesday confirming they had reduced this year's programs to four weeks and five weeks, respectively.

  • May 20, 2020

    NY Judge Won't Require In-Person Testimony In IP Bench Trial

    A New York federal judge said Wednesday she won't require witnesses to testify in person in an upcoming July bench trial over a patent dispute between two drugmakers involving the nighttime urination medication Nocdurna, noting that many witnesses in the case are older people who are skittish about traveling.

  • May 20, 2020

    NY Courts To Allow New Lawsuits Next Week

    New York will allow new lawsuits to be electronically filed statewide starting Monday, reopening the high-traffic courts of New York City and surrounding counties to new "nonessential" matters for the first time since the COVID-19 pandemic shut them down.

  • May 20, 2020

    Law Firm Leaders: Marshall Dennehey's G. Mark Thompson

    G. Mark Thompson has served as president and CEO of Marshall Dennehey Warner Coleman & Goggin PC for just over two years and has spent the last two decades of his career at the law firm. Here, Thompson chats with Law360 about how he has approached handling the coronavirus crisis at Marshall Dennehey, which is beginning to reopen in several states, as well as his goals for the firm's future.

  • May 20, 2020

    Dorsey & Whitney Lays Off Attorneys And Staff, Reduces Pay

    Dorsey & Whitney LLP is laying off a "limited number" of staff and attorneys across its U.S. and international offices and temporarily reducing pay for others by as much as 20% in an effort to address the impacts of the coronavirus pandemic, the firm announced late Tuesday.

Expert Analysis

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • Q&A

    Coping With A Pandemic: Litigator Nicole Gueron

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    With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from New York-based Nicole Gueron, a litigator and founding partner at Clarick Gueron.

  • Opinion

    Cannabis Businesses Should Get Federal COVID-19 Relief

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    Given the myriad benefits that the marijuana industry provides to the U.S. economy, it is clearly wrong to exclude marijuana-related businesses from the Coronavirus Aid, Relief and Economic Security Act and other federal stimulus legislation, say Adam Berger and Shuki Greer of Berger Greer.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • Q&A

    Coping With A Pandemic: Appellate Specialist Larry Ebner

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    With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Washington, D.C.-based Lawrence Ebner, founder of Capital Appellate Advocacy PLLC.

  • Q&A

    Coping With A Pandemic: SDNY Bankruptcy Chief Morris

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    With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Cecelia Morris, chief judge of the U.S. Bankruptcy Court for the Southern District of New York.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Opinion

    Courts Should Look To 3 Bar Exam Alternatives During Crisis

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    While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

  • Q&A

    Coping With A Pandemic: Carter Ledyard's Alex Malyshev

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    With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from New York-based Alexander Malyshev, a partner at Carter Ledyard.

  • Q&A

    Coping With A Pandemic: BakerHostetler's Charlene McGinty

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    With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Atlanta-based Charlene McGinty, a partner at BakerHostetler focusing on health care law.

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

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    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • Q&A

    Coping With A Pandemic: Trial Lawyer Tom Ajamie

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    With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Houston-based trial lawyer Thomas Ajamie.

  • Consider Legal Ramifications Before Recording Video Calls

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    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

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