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Business of Law

  • May 22, 2018

    NY Lawmakers Tap Interim AG Underwood To Finish Term

    Acting New York Attorney General Barbara D. Underwood was tapped Tuesday by the state legislature to serve out the remainder of Eric Schneiderman’s term after he resigned earlier this month amid allegations of physical abuse by four women.

  • May 22, 2018

    King & Spalding Draws Rebuke In Bid To Toss Firing Suit

    A New York federal judge on Tuesday rejected King & Spalding LLP’s bid to escape allegations it fired an associate for raising ethical concerns about two partners, saying at a hearing she found it "incredibly hard" to buy the firm's stated reasons for terminating him.

  • May 22, 2018

    Eagan Avenatti Owes Ex-Partner $10M From Bankruptcy Deal

    A California bankruptcy judge on Tuesday entered a $10 million judgment against defunct class action law firm Eagan Avenatti LLP — which is owned by Michael Avenatti, the attorney representing adult film actress Stormy Daniels in her legal battle against President Donald Trump — finding the firm defaulted on its bankruptcy-resolving settlement with a former partner over allegedly unpaid fees.

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.

  • May 22, 2018

    New England's Bernstein Shur Updates Parental Leave Policy

    New England-based law firm Bernstein Shur Sawyer & Nelson PA said Tuesday it has implemented a new parental leave policy that allows 16 weeks of paid leave for attorneys regardless of their gender, making no distinction between primary and secondary caregivers.

  • May 22, 2018

    Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

    One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

  • May 22, 2018

    Legal Tech Download: Reed Smith, Norton Rose, Bryan Cave

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

  • May 21, 2018

    Calif. Bar Exam Pass Rate Still Falling, Hits Record Low

    Only 27.3 percent of attorney hopefuls who took the California bar exam earlier this year passed, a record low, according to data released Friday by the State Bar of California.

  • May 21, 2018

    After Kozinski, 9th Circ. Sets New Workplace Policies

    Months after the resignation of Ninth Circuit Judge Alex Kozinski following allegations of sexual harassment, the appellate circuit on which he sat rolled out a series of policy changes aimed at preventing workplace harassment for court employees, according to a statement Monday.

  • May 21, 2018

    Ogletree Sex Harassment Row Likely Headed To Arbitration

    A California judge on Monday tentatively ruled a Lewis Brisbois Bisgaard & Smith LLP partner must arbitrate his suit alleging he was sexually harassed by a shareholder at his former firm, Ogletree Deakins Nash Smoak & Stewart PC, saying Ogletree’s arbitration agreement holds up even if the suing attorney never signed it.

  • May 21, 2018

    Law Firms Are Doing Just Fine, And That's The Problem

    Ten years after the Great Recession sent the legal industry reeling, the majority of law firms have stabilized, but by focusing more on survival than on innovation, firms have left themselves open to newer, less obvious threats to this tentative status quo, a new report says.

  • May 21, 2018

    Atty Hopefuls With Criminal Records Face Hazy Paths Forward

    Tarra Simmons had the sort of resume that might seem like she could sail through the bar application process, but her application was nearly denied because she also has a criminal record. Different states have a range of views on admitting attorneys with criminal records, and thanks to a lack of data and lack of transparency, such applicants can face an uncertain path forward. It’s an issue that’s getting increasing attention and leading some to seek reforms.

  • May 21, 2018

    Why Smaller Firms Are More Keen To Enter The Cloud

    Law offices adopted cloud-based solutions in greater numbers last year, but for the most part, smaller firms are leading the charge, with BigLaw's relative slowness attributable to a reluctance to abandon large IT infrastructures already in place and lingering concerns about security and cost.

  • May 21, 2018

    15 Minutes With PepsiCo’s General Counsel

    Dave Yawman didn’t give much thought to becoming the general counsel at PepsiCo, where he has worked for nearly 20 years, until the day after he was asked to fill the position in November. Here, he discusses the changes at the global food and beverage corporation during his tenure and the way discontent can lead to success.

  • May 18, 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.

  • May 18, 2018

    3 Things To Know About Congress' New Litigation Funding Bill

    A recent bill introduced in the U.S. Senate that sponsors say will discourage gambling by the multibillion-dollar litigation funding industry is far from the first effort to regulate private legal investors. Here, Law360 looks at three things that distinguish the Litigation Funding Transparency Act of 2018.

  • May 18, 2018

    Law360's Pro Say: Is Sports Betting Coming To Your State?

    On the latest episode of Law360's Pro Say podcast, we tell you what you need to know about the U.S. Supreme Court's sports betting ruling; break down the latest battle in Apple and Samsung’s smartphone patent war; discuss law schools demanding answers from BigLaw about the use of nondisclosure agreements; and talk about a woman who took a painful toilet tumble.

  • May 18, 2018

    NJ Federal Judge Shortage Continues, Chief Jurist Says

    The judicial shortage in New Jersey federal court continues, with no appointments by President Donald Trump on the horizon, leaving a mounting caseload for a short-staffed bench spanning three outposts throughout the state, U.S. District Judge Jose J. Linares told his colleagues on Friday at the state bar association's convention in Atlantic City.

  • May 18, 2018

    Volume Of Undecided High Court Cases Raises Eyebrows

    Even after issuing seven opinions since last week, the U.S. Supreme Court still has a whopping 32 cases that need to be decided by the end of the term just over one month away, leaving court-watchers to speculate about what’s been slowing things down on First Street.

  • May 18, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The general counsel of Novartis stepped down in the wake of news reports that the pharmaceutical company paid a business owned by President Donald Trump’s personal lawyer, and GCs ranked the firms they think have the strongest brands. These are some of the stories in corporate legal news you may have missed in the past week.​

Expert Analysis

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Series

    What I Learned In My 1st Year: A Judge's Example

    M.C. Sungaila

    Law school taught me how to think like a lawyer, but the district court judge I clerked for my first year out of law school taught me how to be a lawyer. This was the gift she gave to all of her law clerks, in one form or another, says M.C. Sungaila of Haynes and Boone LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • My Supreme Court Debut: The Flip Of A Coin

    Elaine Goldenberg

    Each time I've argued before the U.S. Supreme Court it has been just as much of a thrill as the first, but my first argument was distinct because it involved a certain amount of fortuity on the way to the podium, says Elaine Goldenberg of Munger Tolles & Olson LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.