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Business of Law
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May 31, 2024
Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right
In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.
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May 31, 2024
Trump's New York Prosecutors Called To House Hearing
Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, demanded on Friday that Manhattan prosecutors appear for a hearing on June 13 on the prosecution of former President Donald Trump, who was convicted on Thursday of 34 felonies.
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May 31, 2024
Illinois Strengthens Atty Ethics Rules For Harassment, Bias
The Illinois Supreme Court has announced that the state's professional conduct rules for attorneys have been amended to deem the act of engaging in harassment or discrimination as professional misconduct, and not just in the event a court or administrative agency finds that a lawyer violated a law prohibiting such actions.
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May 31, 2024
WDTX Chief Adds New Hurdle For Patent Attys Eyeing Albright
The Western District of Texas' chief judge has made it harder for parties to have their patent cases end up in U.S. District Judge Alan Albright's court by refusing to automatically connect related litigation.
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May 31, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Consumers have asked a federal judge to sign off on their $197 million class action settlement with Visa and Mastercard over claims the companies conspired with banks on ATM access fees. And Microsoft's President Brad Smith is going to tell Congress about what the company is doing to upgrade cybersecurity, including linking executive pay to it.
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May 31, 2024
Lambda Legal To Expand With $180M Campaign
Lambda Legal, a national nonprofit focused on the civil rights of LGBTQ+ people and those living with HIV, announced on Friday a $180 million fundraising campaign, along with an organizational strategy that aims to expand its legal team significantly by 2026.
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May 31, 2024
Smith Gambrell Faces Slimmed Data Breach Suit
A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.
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May 31, 2024
Orrick Leads List Of Top Law Firms For Women, Diversity
Talent strategies firm Seramount released its latest list of the 45 best law firms for women and diversity this week, with the 2024 cohort of winners showing strides over previous years in representation, advancement and benefits for lawyers who are women or from other underrepresented groups.
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May 31, 2024
Law360's Legal Lions Of The Week
Brewer Attorneys & Counselors, the American Civil Liberties Union Foundation and attorneys Eugene Volokh and Alan Morrison lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that the National Rifle Association can proceed with certain claims in the gun rights group's lawsuit against a former New York state official.
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May 31, 2024
Don't Fear AI Hallucinations, Embrace Them, Scholar Says
When it comes to artificial intelligence, most early adopters fear the so-called hallucinations that the systems can produce. However, one scholar says the creativity those hallucinations represent is a valuable feature lawyers should embrace.
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May 31, 2024
Del. Chancellor Questions 'Rush' To Amend Corporation Law
Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.
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May 31, 2024
The Top In-House Hires Of May
Legal department hires during the last full month of spring included high-profile appointments at Southwest, Hormel and UnitedHealth. Here, Law360 Pulse looks at some of the top in-house announcements from May.
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May 31, 2024
Trump Condemns NY Trial As Verdict Echoes In DC
A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.
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May 31, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen financier Crispin Odey file a defamation claim against the Financial Times, Ford hit with the latest "Dieselgate" claim and a human rights activist bring a privacy claim against Saudi Arabia. Here, Law360 looks at these and other new claims in the U.K.
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May 31, 2024
Texas Judge Opts Not To Recuse And Tosses Chamber Suit
A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.
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May 31, 2024
Disbarring Giuliani Would 'Protect The Public,' DC Panel Says
A Washington, D.C., attorney ethics panel agreed Friday that Rudy Giuliani's role in former President Donald Trump's attempt to overturn Pennsylvania's presidential election in 2020 amounted to misconduct "of the utmost seriousness," and that disbarring him would "protect the public, the courts, and the integrity of the legal profession."
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May 31, 2024
In Rarity, 1 Party's Judges Gain 100% Control Of Circuit Bench
At the First Circuit, the judges' robes are all black, but the judges are all blue. It's a new and unusual instance of one political party's judicial picks controlling each active seat on a federal appeals court, and the Democratic dominance could prove magnetic for ideologically charged litigation.
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May 31, 2024
Houston Judge's Vast Display Reflects 25 Years On Bench
Along the hallways leading to U.S. District Judge Keith P. Ellison's Houston courtroom hang hundreds of notes, photos, thank-you cards and other correspondence, serving as a kind of interactive scrapbook of Judge Ellison's 25 years on the bench.
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May 30, 2024
Regulator Says Attys Hit For AI Use Have Themselves To Blame
An attorney for Colorado's ethics watchdog said Thursday that recent disciplinary action against lawyers for filing briefs with fake case citations generated by ChatGPT indicates a "lawyer problem" rather than issues with the technology.
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May 30, 2024
Colo. Justice Says Outside Watchdog Key For Judicial Ethics
A Colorado Supreme Court justice said Thursday that third-party oversight of judges' conduct was crucial to maintaining the public's trust in the legal system, speaking as part of an American Bar Association panel that touched on recent controversies, including those involving U.S. Supreme Court Justice Samuel Alito and his wife.
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May 30, 2024
Here's What Comes Next After Trump's Conviction
Donald Trump's forthcoming appeal of his historic conviction Thursday in the New York hush money case could include challenges to the state's evidence and jury instructions, but it's unlikely the case will be resolved before Election Day.
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May 30, 2024
Donald Trump Convicted Of All 34 Counts In NY Trial
Former President Donald Trump was convicted by a Manhattan jury Thursday of 34 felonies over a plot to illegally sway the 2016 presidential election in his favor by concealing hush money payments to porn actress Stormy Daniels.
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May 30, 2024
Judge In Fatal Crash Remembered As 'Extraordinary' Mentor
A Nevada federal judge who was reportedly struck and killed by a vehicle near the federal courthouse Wednesday is remembered as a loving family man, hardworking judge and mentor who was generous with his time.
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May 30, 2024
The 'Not-Postings' Of A Delaware Chancery Court Judge
Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.
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May 30, 2024
NYU Law Review Beats Bias Claims Over Diversity Efforts
A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.
Expert Analysis
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Opinion
Companies Must Not Back Down On DEI Efforts
In the face of recent lawsuits filed to challenge schools' diversity efforts, and a U.S. Supreme Court potentially friendly to purely hypothetical arguments, companies must stand strong and not be intimidated into abandoning diversity and inclusion programs, says Licha Nyiendo at Human Rights First.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Opinion
New York Must Guarantee Court Neutrals Fair Compensation
Neutrals that serve New York’s court-annexed alternative dispute resolution program are underappreciated and face injurious unjust enrichment because they are required to provide parties with a certain amount of free time, so the state must establish minimum guaranteed compensation floors with deliberate speed, say Elan Weinreb at Weinreb Law and Dorothy Kaldi at Petza & Kaldi Mediation.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Roundup
In A 'Barbie' World
On the heels of the "Barbie" movie's historic global box office success, this Expert Analysis series explores regulatory questions and intellectual property battles that have emerged from the evolution of the iconic doll's brand.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Covington Ruling Strengthens SEC's Enforcement Powers
A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Inside The Changing Logic Of In-House General Counsel Hires
Though the growing phenomenon of small businesses hiring their own general counsel defies traditional business sense, companies in highly regulated and risky new technology industries, where serious legal resources are vital for growth and liability management, can benefit from recruiting in-house expertise early, say Jake Knowlton-Parry and Marlo Donato at Larson Maddox.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.