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Business of Law
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August 31, 2018
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.
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August 31, 2018
Meet Kavanaugh's Self-Described 'Liberal Feminist' Backer
Amid the fanfare and rhetoric of D.C. Circuit Judge Brett Kavanaugh’s U.S. Supreme Court confirmation hearing Tuesday will be a self-described "liberal feminist" lawyer arguing for his approval: Arnold & Porter partner Lisa Blatt.
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August 31, 2018
How The Votes Look As Kavanaugh Heads To The Senate
After months of rhetoric, dueling letters and millions of dollars in advertising on each side, D.C. Circuit Judge Brett Kavanaugh faces the Senate Judiciary Committee starting Tuesday for a weeklong hearing that could determine how the handful of undecided senators vote on his confirmation to the U.S. Supreme Court.
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August 31, 2018
Sheppard Mullin Case A Mixed Message On Client Candor
The California Supreme Court's lengthy decision in the $3.8 million fee dispute between Sheppard Mullin Richter & Hampton LLP and a former client over an undisclosed client conflict made clear that the court wants firms to be upfront with clients, experts say, but the court may have muddled the message by leaving the door open to letting the firm collect fees.
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August 31, 2018
Ethics Of State Farm Attys To Take Stage In Rigged Judge Trial
The impending trial surrounding whether State Farm secretly advanced the election of an Illinois high court justice in order to torpedo a billion-dollar judgment against it promises to put an ethics spotlight on the insurer’s legal teams, with opposing counsel poised to pry into what those attorneys knew and what they were duty-bound to disclose.
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August 31, 2018
What To Watch In Kavanaugh's Confirmation Hearing
Judge Brett Kavanaugh's confirmation hearing before the Senate Judiciary Committee starting Tuesday promises to be one of the most public spectacles of his career, with the D.C. Circuit jurist taking a step into the spotlight on his path toward replacing retired Justice Anthony Kennedy on the U.S. Supreme Court.
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August 31, 2018
The Top In-House Hires Of August
The last full month of summer witnessed several notable legal department hires at companies and institutions such as ConocoPhillips Co., Bombardier Inc., BuzzFeed Inc. and the University of Virginia. Here are some of August's top in-house moves that you should know.
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August 31, 2018
Law360's Pro Say: Did State Farm Buy Itself A Judge?
State Farm faces a trial that kicks off on Tuesday over allegedly spending millions of dollars to get a judge elected to the Illinois Supreme Court so that he would overturn a billion-dollar verdict against the insurance giant. Law360 trials reporter Cara Salvatore will be in the courtroom, but first she stops by the Pro Say studio to give us all the details.
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August 31, 2018
GC Cheat Sheet: The Hottest Corporate News Of The Week
Microsoft said it will make its labor suppliers provide their workers with three months of parental leave, California's attorney general jumped into the fight over what changes should be made to the state's recently enacted landmark privacy law, and Singapore and Dubai regulators signed an agreement to foster the development of financial technology companies in both of their jurisdictions. These are some of the stories in corporate legal news you may have missed in the past week.
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August 30, 2018
Strong Local Economy A Springboard For Texas Powerhouses
The recovery of oil prices and the continued influx of out-of-state firms entering the Texas legal market led to an active and competitive year for firms statewide, but five law firms edged out the rest with work including paving the way for the purchase of the Houston Rockets, opening the door for major retailers like Walmart Inc. to sell liquor in Texas and reshaping oilfield ownership.
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August 30, 2018
Conflict Sinks Sheppard Mullin Fee Win, Calif. Justices Say
The California Supreme Court chose Thursday not to provide a final answer in a $3.8 million fee dispute between Sheppard Mullin Richter & Hampton LLP and a former client, ruling that an arbitration award in favor of the firm is invalid because of an undisclosed conflict and deciding Sheppard Mullin must argue its case before a trial court.
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August 30, 2018
Ex-Ogletree Atty Failed To Opt Out Of Arbitration, Firm Says
The former Ogletree Deakins Nash Smoak & Stewart PC shareholder suing the firm for gender bias in a $300 million proposed class action should have known she had consented to an arbitration pact when she failed to opt out of the agreement, the firm told a California federal court Wednesday.
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August 30, 2018
IP Pressures Could Fuel More Law Firm Mergers
Venable LLP's planned combination with Fitzpatrick Cella Harper & Scinto continues a trend of general service firms acquiring intellectual property boutiques, and experts say more tie-ups could be coming amid challenges in the IP market and a desire from law firms to find a competitive edge.
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August 30, 2018
Law360's Weekly Verdict: Legal Lions & Lambs
Paul Hastings LLP leads this week's pride of legal lions, notching four wins for Google at the Patent Trial and Appeal Board, while Jones Day and its co-counsel landed on the legal lambs list after juries hit client R.J. Reynolds with a pair of product liability verdicts totaling $113.3 million.
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August 30, 2018
Female Lawyers Group Slams 'Patronizing' Kavanaugh
The National Association of Women Lawyers has rated D.C. Circuit Judge Brett Kavanaugh "not qualified" for the U.S. Supreme Court over his record on women's rights issues such as abortion, calling one of his recent writings "patronizing" and "inflammatory," though otherwise finding him "supportive of women professionally."
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August 30, 2018
Bombardier Lands New General Counsel
Montreal-based Bombardier Inc. has found its new top lawyer in Alain Rondeau, who is set to replace the outgoing general counsel when he retires at the end of the year, the company said Thursday.
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August 30, 2018
Judge Taps Public Defender For Shapiro's Accused Killer
The Illinois state court judge overseeing the murder case against the accused killer of Mayer Brown LLP appellate practice leader Stephen Shapiro tapped the Cook County Public Defender’s Office to represent the man on Thursday after learning he has no money to pay for private representation.
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August 29, 2018
Del. Powerhouses On Cutting Edge As Cases, Courts Grow
Growing courts, big cases and equally big decisions marked the last year for Law360's 2018 Delaware Powerhouses, keeping the state and the attorneys who practice there in the vanguard of corporate, bankruptcy and intellectual property law.
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August 29, 2018
King & Spalding, Ex-Associate Pushed To Settle Feud
Manhattan U.S. District Judge Valerie E. Caproni prodded former BigLaw senior associate David Joffe to try to settle his wrongful termination case against King & Spalding LLP Tuesday, warning him that he might also have to litigate a parallel fee spat with his current counsel if his case doesn't settle amicably.
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August 29, 2018
Proskauer To Pay $63M To Settle Stanford Ponzi Case
The court-appointed receiver in the R. Allen Stanford $7 billion Ponzi scheme case and a group of bilked investors have announced a $63 million settlement that would end further litigation against law firm Proskauer Rose LLP, which formerly employed a partner who represented entities affiliated with the fraud.
4 Ways Law Firms Can Bolster Their Prestige
Law Schools Struggle To Find Themselves In Post-Recession Market
How A 'Lost Generation' Of Associates Bounced Back
Measuring The Recession’s Toll On The Legal Industry
4 Ways Law Firms Can Bolster Their Prestige
Gaining prestige may be one of the more challenging tasks that law firms take on, but there are a number of tactics firms can use that hold the potential to transform their image from ordinary to elite. Here, experts highlight four ways law firms can pump up their prestige.
Law Schools Struggle To Find Themselves In Post-Recession Market
Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.
How A 'Lost Generation' Of Associates Bounced Back
Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.
Measuring The Recession’s Toll On The Legal Industry
For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.
Editor's Picks
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The 2018 Regional Powerhouses
The law firms on Law360’s 2018 Regional Powerhouse list are handling some of the biggest deals and most high-profile courtroom battles across eight states, offering clients regional expertise and making a lasting impact on the law at the state and local level.
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The 2018 Law360 Diversity Snapshot
The 2018 Law360 Diversity Snapshot shows only incremental progress on racial and ethnic diversity in the attorney workforce. At every level of a typical law firm, minority attorney representation increased by less than a percentage point from last year’s survey.
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The 2018 Law360 Glass Ceiling Report
Women have made up over 40 percent of law school students for more than three decades, and they now make up more than half. But our annual survey of the largest U.S. law firms shows that women continue to be underrepresented at all levels.
Expert Analysis
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Opinion
Law Schools Must Take A Stand Against Mandatory Arbitration
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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.
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Series
High Crimes And Misdemeanors: 'Manifest Injury' Is Key
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.
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Series
High Crimes And Misdemeanors: A View From The #MeToo Era
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.
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Series
High Crimes And Misdemeanors: Impeachment Isn't A Trial
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.
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Myths And Facts About Using TAR Across Borders
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.
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Opinion
Centrist Analysis Of Justice Kennedy's Retirement Is Flawed
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.
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Roundup
From Lawmaker To Lawyer
Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.
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Opinion
A Trump Supreme Court Nominee Can Be Defeated
The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.
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Limiting Law Firms' Professional Liability Risks: Part 3
As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
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New Stats On Millennial Attorney Disciplinary Actions
In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.