Business of Law

  • July 31, 2024

    Cadwalader Can't Cloak Cyberattack Coverage Suit, Court Told

    A Lloyd's of London syndicate wants to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, saying it was never given a chance to oppose, and the firm otherwise failed to show why the suit should stay under wraps.

  • July 31, 2024

    Biden's Latest Judicial Noms Include Ex-Congressman

    President Joe Biden announced on Wednesday judicial nominees for district courts in New York, Georgia and Pennsylvania, one of whom is a former congressman.

  • July 30, 2024

    Delta Hires Boies Schiller To Recoup Outage-Related Damages

    Delta Air Lines has retained Boies Schiller Flexner LLP to help it pursue potential damages from cybersecurity firm CrowdStrike and Microsoft in the wake of the mid-July global tech outage that left passengers stranded, a person familiar with the matter confirmed to Law360 on Tuesday.

  • July 30, 2024

    Senate Sends Kids' Online Safety, Privacy Bills To House

    The U.S. Senate on Tuesday easily approved a pair of bipartisan bills claiming to put more responsibility on social media platforms to ensure children's safety online and enhance data privacy protections for teens, although one of the proposals continues to face First Amendment opposition from consumer advocates as the measures move to the House.

  • July 30, 2024

    Murray Plumb Partner Confirmed As Fed. Judge For Maine

    The U.S. Senate voted 50-43 on Tuesday to confirm Stacey Neumann, a partner at Murray Plumb & Murray, to serve on the District of Maine.

  • July 30, 2024

    Randy Mastro Nominated As NYC Top Lawyer Amid Criticism

    Renowned trial lawyer and King & Spalding LLP partner Randy M. Mastro was tapped to be New York City's next corporation counsel, Mayor Eric Adams announced Tuesday, over the objection of some city leaders.

  • July 30, 2024

    GAO Says Courts Should Improve Staff Complaint Collection

    The federal judiciary, which has over 30,000 employees, has taken actions to address misconduct in the workplace since 2017, but one area in need of improvement is its data collection, according to a U.S. Government Accountability Office report released Tuesday.

  • July 30, 2024

    Approach The Bench: Judge Dillard Boosts Ga. Court Access

    From cameras in the courtroom to explanatory law review articles to posts on social media, Judge Stephen Dillard uses every tool at his disposal to improve transparency at the Georgia Court of Appeals.

  • July 30, 2024

    Law360 Names Attys Who Moved Up The Firm Ranks In Q2

    A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal 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 this year.

  • July 29, 2024

    8th Circ. Tosses 'Windfall' $79M Legal Fee In T-Mobile Suit

    The Eighth Circuit on Monday threw out a $78.7 million attorney fee award for plaintiffs' attorneys who negotiated a $350 million settlement with T-Mobile over a massive data breach in 2021, saying the award amounts to a "windfall" for class counsel.

  • July 29, 2024

    Calif. High Court Says Co-Worker's Slur Can Be Harassment

    The California Supreme Court on Monday revived a race bias suit brought by a longtime employee of the San Francisco District Attorney's Office, finding that her co-worker's one-time use of a racial slur may indeed have been so severe that it created a hostile work environment.

  • July 29, 2024

    Live Nation Judge Tightens In-House Counsel's Access To Docs

    A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.

  • July 29, 2024

    7th Circ. Judge Praised After Surviving Senate 'Gauntlet'

    During U.S. District Judge Nancy Maldonado's brief tenure in Chicago federal court, she tackled several issues without direct precedent, including the intricacies of sound recording copyright protections. Now, after an especially bruising confirmation process, she'll be in a position to set precedent on the Seventh Circuit.

  • July 29, 2024

    Hunter Biden Attys Say They Didn't Mislead Judge In Tax Case

    Hunter Biden's attorneys told a Los Angeles federal judge that while several statements in their motion to dismiss tax charges against the president's son were worded "perhaps inartfully," they never intended to mislead the court in a way that would merit sanctions.

  • July 29, 2024

    NRA Avoids Compliance Monitor In NY AG Case

    A Manhattan judge on Monday rejected the New York attorney general's request for a compliance monitor to oversee the National Rifle Association, saying such relief would "result in a long, awkward and potentially speech-chilling government involvement in a political organization."

  • July 29, 2024

    ABA's 1st Generative AI Opinion Points Attys To Ethical Duties

    The American Bar Association ethics committee published on Monday its first formal opinion on attorney use of generative artificial intelligence tools, saying lawyers should consider their ethical obligations, including those related to model rules on competency, confidentiality and fees.

  • July 29, 2024

    Catching Up With Delaware's Chancery Court

    Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.

  • July 29, 2024

    Defense Attys Fight Proposal To Favor Virtual Testimony

    A legal advocacy group of defense-side attorneys has come out against a proposal by several plaintiffs firms to allow live virtual testimony in civil trials, calling it a "thinly veiled attempt" to put CEOs and other top executives "on the stand in every federal trial."

  • July 29, 2024

    Foley Hoag Elevates IP Pro To Co-Managing Partner

    Foley Hoag LLP has hired a longtime Boston-based senior partner in the intellectual property department as co-managing partner, the firm said Monday.

  • July 29, 2024

    White Collar Update: 4 Developments To Watch

    White-collar lawyers are on the lookout for U.S. Department of Justice actions targeting artificial intelligence "snake oil," aggressive pandemic-relief fraud prosecutions, and carrots for corporations and whistleblowers who expose misconduct. Here's a look at some key developments to watch in the second half of 2024.

  • July 29, 2024

    Law Firm Can't Nix $2.9M Judgment Over Concussion Fees

    A law firm that represented National Football League players in a multidistrict litigation over the league's handling of concussions can't avoid a litigation funding agency's $2.9 million judgment against it, after a Pennsylvania federal judge shot down Mitnick Law Office's arguments that the fees being garnished fell under various exceptions.

  • July 29, 2024

    Biden Support Adds Heat To Calls For Supreme Court Reform

    President Joe Biden endorsed significant U.S. Supreme Court reform on Monday, calling on Congress to pass legislation that would impose term limits and an enforceable code of conduct on the justices and to adopt a constitutional amendment that would reverse the court's decision granting former presidents broad immunity for crimes committed in office.

  • July 29, 2024

    8 Ex-Employees Say NJ Firm Didn't Pay OT, Paid Women Less

    Davis Saperstein & Salomon PC has been hit with a pair of lawsuits in New Jersey state court alleging the Bergen County-based personal injury firm didn't pay overtime wages, paid its female employees less than their male colleagues and subjected a pregnant woman to a hostile work environment.

  • July 29, 2024

    Morgan Lewis Grows German Presence With 3 New Partners

    Morgan Lewis & Bockius LLP announced Monday that it has hired three new partners to further strengthen its German offerings.

  • July 29, 2024

    3 Things To Know About Dentons' Incoming Global CEO

    Dentons announced last week that it is bringing on Kate Barton, a former EY executive, as its new global CEO to replace Elliott Portnoy, who has held the position since 2013.

Expert Analysis

  • Short Message Data Challenges In E-Discovery

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    As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

  • Opinion

    Thomas Report Is Final Straw — High Court Needs Ethics Code

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    As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

  • Joint Representation Ethics Lessons From Ga. Electors Case

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    The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

  • Lawyer Discernment Is Critical In The World Of AI

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    In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

  • Roundup

    Prosecutor Pointers

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    As new trends enter the courtroom, this Expert Analysis series features prosecutors' practice tips — some time-tested, some newly updated — for every stage of the jury trial, from voir dire to closing statements.

  • Opinion

    It's Time For Lawyers To Stand Up For Climate Justice

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    The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

  • Don't Forget Alumni Engagement When Merging Law Firms

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    Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • Every Lawyer Can Act To Prevent Peer Suicide

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    Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

  • Do Videoconferences Establish Jurisdiction With Defendants?

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    What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

  • Generative AI Brings A New Generation Of Legal Issues

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    Aside from ethical and potential bias concerns, the rise of generative artificial intelligence also raises intellectual property infringement and breach of contract issues that will likely be negotiated, navigated and litigated for years to come, say Reeya Thakrar and Ira Kalina at Faegre Drinker.

  • Opinion

    Humanism Should Replace Formalism In The Courts

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    The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

  • Don't Let Client Demands Erode Law Firm Autonomy

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    As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

  • Opinion

    Federal Judge's Amici Invitation Is A Good Idea, With Caveats

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    An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.

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