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Business of Law
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April 10, 2024
Biden Keeps Up With Trump On Judge Confirmation Pace
The Senate voted 100-0 on Wednesday to confirm Judge Ann Marie McIff Allen to the District of Utah, which marks 40 confirmations of lifetime judges with public defender experience under President Joe Biden, putting him on par with the number of judges President Donald Trump got confirmed by this point in his administration.
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April 10, 2024
Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated
A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.
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April 10, 2024
Associate Hiring And Attrition Fell In '23 For 2nd Straight Year
Law firms' hiring of new associates and the rate at which associates moved on both declined in 2023 for the second consecutive year, while more female associates were hired than male, according to a study released Wednesday.
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April 10, 2024
30 Law Firms Lead On Client Service Amid Wider Decline
When interviewed about client service, corporate legal decision-makers praised a select few law firms, even as the overall satisfaction of corporate clients has fallen in recent years, according to a report released Wednesday by BTI Consulting Group.
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April 10, 2024
White House Atty Sauber To Leave In May For Private Practice
President Joe Biden's special counsel Richard Sauber is set to leave next month after two years in the White House post, administration officials confirmed to Law360 Pulse on Wednesday.
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April 10, 2024
Ex-BigLaw Atty In OneCoin Scam A Flight Risk, Feds Say
A former Locke Lord LLP partner who was convicted of laundering proceeds from the OneCoin cryptocurrency scam has "every incentive" to flee the country, prosecutors told a New York federal judge, arguing he shouldn't be allowed to stay out on bail while his appeal is pending.
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April 10, 2024
Ex-Trump Finance Chief Weisselberg Jailed For Perjury
A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.
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April 09, 2024
Quinn Emanuel, Davidoff Hutcher Sued Over Mansion Sale
The trustee for a bankrupt entity once owned by HFZ Capital Group has sued Quinn Emanuel Urquhart & Sullivan LLP and Davidoff Hutcher & Citron, seeking to claw back up to $2 million the firms allegedly fraudulently received from a $45 million Hamptons mansion sale linked to developer Nir Meir.
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April 09, 2024
After Uproar, New MDL Rule Advances With Attys Assuaged
Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.
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April 09, 2024
'You're Going To Lose These People,' Judge Tells Lynch Atty
U.S. District Judge Charles Breyer on Tuesday chided a Steptoe partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial, saying that his hourslong questioning of a Deloitte partner shouldn't go on much longer, or "you're going to lose these people."
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April 09, 2024
Ex-Ohio Utility Chair Dies As Criminal Charges Mount
The onetime chair of Ohio's utility regulator, who was accused of stealing money from FirstEnergy Corp. as part of a bribery scheme behind a controversial $1.3 billion bailout for two nuclear energy plants, died Tuesday in an apparent suicide, the Franklin County Coroner's Office confirmed.
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April 09, 2024
Quinn Emanuel Atty Spiro Faces Sanctions Bid In Musk Case
A Los Angeles man suing Elon Musk for defamation has asked a Texas court to sanction Musk's attorney, Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro, arguing that the lawyer showed up "unannounced" to defend Musk in a deposition despite lacking permission to practice law there.
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April 09, 2024
In Trump Case, Justices Get Reminded Presidents Aren't Kings
Former President Donald Trump's bid for absolute presidential immunity from criminal prosecution flies in the face of a major feature of the U.S. Constitution, and would create novel obstacles for the military and the economy, backers of special counsel Jack Smith have told the U.S. Supreme Court.
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April 09, 2024
Trump Opposes NY Monitor Probe After Exec's Perjury
Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.
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April 09, 2024
Boies Schiller Attys Face Sanctions Bid Over Epstein Suit
Boies Schiller Flexner LLP's chairman and a co-managing partner are facing a sanctions bid from associates of billionaire and sexual predator Jeffrey Epstein for filing a proposed class action against them despite the attorneys' clients previously signing releases of liability to receive victim compensation.
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April 09, 2024
Senate Confirms US Atty To Michigan Court
The Senate voted 58-42 on Tuesday to confirm Assistant U.S. Attorney Robert J. White to the Eastern District of Michigan bench.
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April 09, 2024
Court OKs Decision Clearing Contractor Of Missed IP Deadline
A patent docketing contractor used by major remote law firm FisherBroyles can't be held liable for a "clerical mistake" that led to a missed patent application deadline and then a neurosurgeon's lawsuit potentially seeking nearly $102 million, with a Georgia appeals court affirming a lower court decision that the surgeon never should have relied on those dates in the first place.
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April 09, 2024
Calif. Federal Judge From Cardi B Mixtape Case To Retire
U.S. District Judge Cormac J. Carney of the Central District of California is retiring next month after presiding over cases for more than 20 years, including high-profile matters like the one involving claims rapper Cardi B misappropriated a man's likeness for the cover of her 2016 mixtape.
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April 09, 2024
'Education Lawyers' Challenge Isn't Over At TTAB, Firm Says
Jacobson & John LLP's claim that its use of the marketing phrase "The Education Lawyers" has gone unchallenged for five years blatantly misled a Pennsylvania federal court about the phrase's incontestability as a trademark, according to a rival firm's bid to keep its trademark challenge alive there.
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April 09, 2024
Polsinelli Adds 2 Real Estate Pros In Denver, Kansas City
Polsinelli PC hired two transactional real estate attorneys as shareholders for its real estate teams in its Denver, Colorado, and Kansas City, Missouri, offices, the firm announced Monday.
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April 09, 2024
Trump Loses 2nd Appellate Bid To Pause NY Criminal Trial
A New York state appellate judge refused Tuesday to delay Donald Trump's upcoming criminal hush-money trial while the former president challenges a gag order, just one day after a different appeals judge declined to halt the trial due to supposed jury pool bias.
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April 09, 2024
Embattled Houston Law Firm Files Ch. 11
Insurance law firm MMA Law Firm on Tuesday filed for Chapter 11 protection in a Texas bankruptcy court, weeks after a federal judge declined to toss a suit seeking class damages over the Houston firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.
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April 09, 2024
'Entrepreneurial' Baker Botts, Cozen Trio Launch Defense Firm
Two former Baker Botts LLP partners, including the firm's former head of litigation, have teamed up with a longtime member of Cozen O'Connor's white collar defense practice to launch a boutique law firm based in Washington, D.C.
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April 08, 2024
SiriusXM GC Saw Compensation Drop $5.9M In 2023
The general counsel for SiriusXM earned a total compensation package of about $2.8 million in 2023, about $5.9 million less than the previous year, largely because of not receiving stock and option awards, according to a company proxy statement filed Monday.
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April 08, 2024
Feds Tell Justices Trump's Immunity Bid Would Upset Framers
Former President Donald Trump's claim to absolute presidential immunity from criminal charges related to official acts contradicts the text and intent of the U.S. Constitution and would've been "anathema" to the document's framers, special counsel John L. "Jack" Smith told the U.S. Supreme Court late Monday.
Expert Analysis
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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SuperValu's Lesson: Always Be Building An FCA Defense
The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Opinion
Judge Newman's Recent Dissents Show She Is Fit For Service
Dissenting opinions by Judge Pauline Newman in intellectual property cases over the past year suggest Federal Circuit proceedings to forcibly remove her from the judiciary lack legitimate basis, says Andrew Michaels at the University of Houston Law Center.
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Prepping Your Business Ahead Of Affirmative Action Ruling
The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.
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Opinion
AUSA Jobs Don't Pay Enough To Keep Staff, Attract Diversity
Assistant U.S. attorneys earn significantly less than their U.S. Department of Justice counterparts, resulting in urgent recruitment and retention issues that hurt the federal administration of justice, and must be addressed by fairly compensating AUSAs, says Steven Wasserman, president of the National Association of U.S. Attorneys.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.