Business of Law

  • July 31, 2017

    Most NY Contingent Fee Cases Don't Make It To Judge Or Jury

    Just 1.3 percent of contingency fee cases in New York courts are adjudicated, far fewer than the 13 percent of federal court cases that are resolved by dispositive motions, new research has found.

  • July 31, 2017

    Proskauer Partner Says $50M Gender Bias Suit Should Survive

    A female Proskauer Rose LLP partner urged a Washington, D.C., federal court not to toss her $50 million gender bias suit before discovery Friday, rejecting the firm’s claim that as a firm partner she lacks the statutory protections given “employees.”

  • July 31, 2017

    Burford Clinches Portfolio Funding Deal With UK Firm

    U.K. law firm Shepherd & Wedderburn LLP and leading litigation financier Burford Capital LLC have inked a deal to fund an array of the firm's cases as part of the first portfolio-based litigation funding agreement with a major British firm, according to a joint statement released Monday.

  • July 31, 2017

    Plaintiffs Bar Perspective: Lieff Cabraser's David Stellings

    I’ve had moments late at night when I asked myself whether I’d be happier trying cases on behalf of a single client instead of representing a group of thousands or millions of people. My answer always has been no, says David Stellings of Lieff Cabraser Heimann & Bernstein LLP.

  • July 29, 2017

    Law360’s Pro Say Podcast: Why Are All The Partners Men?

    On the latest episode of Law360’s Pro Say podcast, the team discusses the bleak outlook for women in the law, a huge product liability verdict against drug-maker Abbvie, and the bizarre story of the U.S. Postal Service being sued over a fake Statue of Liberty.

  • July 28, 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.

  • July 28, 2017

    Kirkland Ellis Wins At 10th Circ. In Marijuana Raid Appeal

    A Kansas couple is getting a second crack at holding police officers to account for a premeditated but mistaken marijuana raid on their home, thanks to the pro bono efforts of Kirkland & Ellis LLP.

  • July 28, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Shareholder activists are putting chief executives in their crosshairs more than ever, the CFPB's rule banning arbitration clauses is one step closer to repeal and the Labor Department is angling to revise Obama-era rules governing overtime pay. These are some of the top stories in corporate legal news you may have missed this past week.

  • July 28, 2017

    Judge Doubts King & Spalding Account Of Associate's Firing

    U.S. District Judge Valerie E. Caproni expressed doubt Friday over the assertion by King & Spalding LLP that it fired a senior associate because he failed to turn in time sheets and business plans on time, in his suit claiming he was shown the door for reporting an ethics breach.

  • July 28, 2017

    Partisan Divide Between Judges Grows, Research Says

    An analysis of federal trial court decisions over the past century shows that the ideological gap between judges has widened, driven by the increasing conservatism of Republican-appointed judges, three law professors concluded in a recent academic paper.

  • July 27, 2017

    Law360's Weekly Verdict: Legal Lions & Lambs

    Simpson Thacher topped this week’s legal lions list after leading KKR’s $2.8 billion acquisition of WebMD as well as its acquisition of Nature’s Bounty, while WilmerHale became a legal lamb after a judge nailed its client, Apple, with a $506 million judgment for infringing a computer processor patent.

  • July 27, 2017

    UK Law Firms Lost £3.2M To Cybercrime In 1st Quarter

    A report released by the regulator for lawyers in England and Wales shone a spotlight on the risk posed by cybercrime, with law firms reporting a record number of cyberthefts in the first quarter of 2017 that led to losses of £3.2 million (about $4.2 million).

  • July 27, 2017

    Stoel Rives Sheds Staff, Citing 'Practice Modernization'

    Stoel Rives LLP cut 17 administrative staffers as part of a strategic plan to modernize the Portland, Oregon-headquartered firm, according to an internal memo sent to the firm's employees on Wednesday morning. 

  • July 27, 2017

    4 Social Media Ethics Questions For Attorneys

    The proliferation of social media applications, and the enhanced capabilities they provide to investigate, advertise and communicate, have presented lawyers with a host of new ethical considerations, as everything from Facebooking potential jurors to preserving tweets poses questions about attorneys' responsibilities.

  • July 26, 2017

    Linklaters Atty Denies Link To Husband's Alleged Fraud

    The Linklaters LLP associate whose Massachusetts Institute of Technology whiz kid husband is accused of using her law firm's secret information to make illegal bets on two merger targets is a “brilliant lawyer” who denies wrongdoing, her lawyer said Wednesday.

  • July 26, 2017

    MasterCard Win Cools Funders' Fever For UK Class Actions

    MasterCard's recent win in a £14 billion antitrust case in the U.K.'s new class action forum is a loss for litigation funders eager for a slice of massive potential recoveries in antitrust actions in the country, raising questions about whether similar cases can gain traction there and trigger payouts for investors, experts said.

  • July 26, 2017

    How To Manage Health Care Costs And Keep Lawyers Happy

    Law firms could save a significant amount of money by reducing health benefit-related costs, but that can be difficult in an industry that expects premium workplace perks. Here, we look at three ways firms can trim their health care bills, while avoiding an uproar over cuts to benefits.

  • July 26, 2017

    NY High Court Judge's Death Ruled A Suicide

    A trailblazing judge on New York's highest court found dead in the Hudson River in April took her own life, the office of New York City's medical examiner said on Wednesday.

  • July 26, 2017

    BigLaw May Be Allowed To Enter India 'Any Day'

    India’s legal market will likely be opening up to foreign lawyers “any day,” the Society of Indian Law Firms told its members in a recent letter published on the organization’s website.

  • July 26, 2017

    Plaintiffs Bar Perspective: Kluger Kaplan's Bruce Katzen

    Defenses are becoming increasingly more complicated and sophisticated. The increase in the number of defenses a plaintiff will face during a case means cases are taking longer to be resolved and becoming more costly to litigate, says Bruce Katzen of Kluger Kaplan Silverman Katzen & Levine PL.

Expert Analysis

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • US Supreme Court Snapshot With Ian Gershengorn


    We've heard last term described as the calm before the storm. I think we may get to see the storm in this next sitting, says Ian Gershengorn, former acting solicitor general of the United States.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.