Business of Law

  • February 23, 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.

  • February 23, 2018

    Law360's Pro Say: Microsoft's Supreme Court Privacy Battle

    On the latest episode of Law360's Pro Say podcast, we are joined by Microsoft's head of litigation to talk about upcoming U.S. Supreme Court oral arguments in a privacy case over data stored on servers overseas. We also chat about a BigLaw attorney swept up in Robert Mueller's ongoing investigation, the Supreme Court narrowing legal protections for corporate whistleblowers, and a legal beef over Dunkin' Donuts Angus steak sandwiches.

  • February 23, 2018

    LSAT Administrator Likely In Contempt As Feds Sit Idly By

    A California federal judge said Friday that the Law School Admission Council Inc. was likely in contempt of a consent decree laying out ways it should accommodate disabled test takers, adding it was “astounding” that the federal government took no position on the alleged violations after it had vigorously pursued the litigation for several years.

  • February 23, 2018

    Up Next At The High Court: Antitrust Rule, Public Unions

    The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions.

  • February 23, 2018

    Ex-Skadden Atty's Plea Raises Specter Of Foreign Lobbying

    The sudden guilty plea of a now-former Skadden lawyer who helped write a legal analysis commissioned by Paul Manafort on behalf of a Ukrainian president puts further scrutiny on the firm’s role in the controversial report and whether Skadden crossed into the legally precarious position of unregistered lobbying for a foreign government, experts said.

  • February 23, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A report revealed that National Public Radio management hired and retained news executive Michael Oreskes despite multiple "flags" regarding his inappropriate behavior toward women, Democrats dinged new U.S. Securities and Exchange Commission guidance as old advice, and the general counsel of Discover Financial Services spoke with Law360 about how the company prioritizes diversity and inclusion. These are some of the stories in corporate legal news you may have missed in the past week.​

  • February 22, 2018

    SEC Case Exposes Justices' Rift Over 'Legislative History'

    The Supreme Court’s long-running tensions over the use of legislative history as a way to interpret law broke out into public view Wednesday in a case over the Dodd-Frank Act’s whistleblower provisions, as Justices Sonia Sotomayor and Clarence Thomas clashed over the value of a Senate report.

  • February 22, 2018

    Calif. Panel Says Ex-Perkins Coie Atty Must Arbitrate Claims

    A former Perkins Coie partner must arbitrate claims the law firm dipped into his wages without permission, a California appellate court said Wednesday, reversing a lower court's ruling that his work contract was unconscionable and its arbitration provision wasn't binding.

  • February 22, 2018

    Ex-Foley & Lardner Partner Gets Prison For Insider Trading

    Former Foley & Lardner LLP real estate partner Walter “Chet” Little was sentenced on Thursday to over two years in prison for insider trading, following his admission that he cashed in on confidential merger information about the law firm’s clients.

  • February 22, 2018

    White House Atty: Chevron Deference A Priority For Judges

    President Donald Trump has prioritized rolling back the "administrative state," White House Counsel Don McGahn said Thursday, and part of that is looking at potential judicial nominees' experience with government regulation and major guideposts like Chevron deference.

  • February 22, 2018

    Law360's Weekly Verdict: Legal Lions & Lambs

    Williams & Connolly earned a spot on this week's legal lions list after the law firm secured a U.S. Supreme Court opinion in favor of its client narrowing the definition of the term "whistleblower," while Jones Day ended up on the legal lambs list after a federal judge dismantled its client's $2.5 billion jury verdict in an infringement suit over a hepatitis C drug patent.

  • February 21, 2018

    Judiciary Collecting Sexual Harassment Data

    In the wake of the scandal surrounding former Ninth Circuit Judge Alex Kozinski, the federal judiciary is tracking and releasing sexual harassment complaint data, the Administrative Office of the U.S. Courts announced on its website Wednesday.

  • February 21, 2018

    LA-Based Ogletree Shareholder Sued For Sexual Harassment

    Less than six weeks after being hit with a $300 million gender discrimination class action, labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC was accused Wednesday in a California state suit of allowing one of its Los Angeles shareholders to sexually harass a married, gay, Latino attorney.

  • February 21, 2018

    Latest Russia Plea A Glimpse Into Mueller’s Universe

    The former Skadden Arps Slate Meagher & Flom LLP lawyer who pled guilty to lying to investigators Tuesday offered a peek into the evidence that special counsel Robert Mueller has developed, experts said, and sent a powerful warning to anyone who might lie to investigators.

  • February 21, 2018

    Baker McKenzie Taps UK Firm For Sexual Assault Inquiry

    Baker McKenzie has engaged London-based international firm Simmons & Simmons to perform an independent inquiry into a years-old sexual assault complaint and the firm’s initial response to it, a spokesperson confirmed Wednesday.

  • February 21, 2018

    Why BigLaw Firms Are Hungry To Enter And Grow In Dallas

    The desire of large law firms to set up shop and grow in Dallas appears to have reached near-frenzy levels, with reports of new offices springing up, mergers being inked, and fierce competition in the lateral market replete with hefty paychecks.

  • February 21, 2018

    Andrews Kurth, Hunton & Williams Will Combine In April

    After months of rumors and negotiations, the merger between Texas-based Andrews Kurth Kenyon LLP and Virginia's Hunton & Williams LLP has been resoundingly approved by partner votes at both firms, and the union is on track to completion by the end of the quarter, the firms announced Wednesday.

  • February 20, 2018

    Russia, Ukraine Ties Mark Ex-Skadden Atty Snared By Mueller

    Six years ago, Skadden associate Alex van der Zwaan was just one of several junior members of a firm team that wrote a controversial report about the prosecution of an ex-Ukrainian prime minister — a lucrative job arranged by Paul Manafort, now a Russia probe defendant. But van der Zwaan’s client list belies any junior lawyer status.

  • February 20, 2018

    Ex-Skadden Atty Pleads Guilty To Lying In Mueller Probe

    A former Skadden Arps Slate Meagher & Flom LLP lawyer pled guilty Tuesday to lying to officials in Special Counsel Robert Mueller’s investigation into Russian meddling in the 2016 presidential election.

  • February 20, 2018

    15 Minutes With Discover Financial Services' General Counsel

    Kelly McNamara Corley, who has served as executive vice president, general counsel and secretary of Discover Financial Services since 2008, shared with Law360 how the company prioritizes diversity and inclusion and what keeps her up at night, as technology continues to develop rapidly.

Expert Analysis

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • Legal Technology In 2017: Trends And Implications

    Nicole Moriniere

    This has been a year of critical mass for legal tech and a transformative year for the legal industry as a whole. We also witnessed increased collaboration between legal tech companies and more traditional players, says Nicole Moriniere of Lexoo.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Opinion

    Senators Must Work Harder To Properly Judge Our Judges

    Todd Cox

    On Tuesday, the Senate confirmed L. Steven Grasz to a seat on the Eighth Circuit despite being rated unanimously "not qualified” by the American Bar Association — a rating that has been awarded just twice before. This sounds damning, and it is, but it’s worse when you understand how the ABA conducts its assessments, says Todd Cox, director of policy at the NAACP Legal Defense and Educational Fund.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Litigation Funding In Canada: More Of A Group Effort

    Lincoln Caylor

    Litigation funding in Canada has dramatically shifted since its original introduction, notably with the expansion to commercial cases and the development of portfolio financing. This has provided access to justice for clients who may not have been approved for single-case financing, and also helps law firms and lawyers differentiate themselves from competitors, says Lincoln Caylor of Bennett Jones LLP.