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Business of Law
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April 11, 2024
Orrick To Pay $8M To Settle Data Breach Litigation
A proposed class of data-breach victims asked a California federal judge Thursday to greenlight an $8 million settlement with Orrick Herrington & Sutcliffe LLP in litigation over a March 2023 data breach that purportedly exposed Social Security numbers and other personal information of more than 638,000 individuals.
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April 11, 2024
Leonard Leo Rebuffs Senate Judiciary Committee Subpoena
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.
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April 11, 2024
Jewish Attys Sue Union Over Dues After Pro-Palestine Stance
A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.
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April 11, 2024
Tax Controversy Quintet Joins Bradley Arant In Atlanta
Bradley Arant Boult Cummings LLP announced that it hired a five-person tax controversy team from Chamberlain Hrdlicka White Williams & Aughtry highlighted by the addition of three experienced partners, including two former Internal Revenue Service trial attorneys.
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April 11, 2024
Calif., NY And SD Judicial Nominees Advance To Full Senate
Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.
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April 11, 2024
OJ Simpson's Jury Was Sequestered. Why Not Trump's?
Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.
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April 11, 2024
Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand
A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.
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April 10, 2024
UC Berkeley Law Dean Defends Ejecting Protester From Home
University of California, Berkeley School of Law Dean Erwin Chemerinsky on Wednesday defended actions he and his wife, Berkeley law professor Catherine Fisk, took to try to stop a Muslim law student's protest at their home during a dinner for graduating students after an online video of the incident went viral.
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April 10, 2024
Nationwide Injunctions Spike Politicizes Judiciary, Study Says
Nationwide injunctions have dramatically increased in recent years, particularly during the Trump administration, a trend that has politicized the judiciary and risks further politicization without reforms, according to a study published in the Harvard Law Review on Wednesday.
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April 10, 2024
USPTO Outlines Possible Pitfalls For Attorneys Using AI
The U.S. Patent and Trademark Office on Wednesday detailed risks facing attorneys using artificial intelligence, warning that they must ensure that filings are accurate and humans played a role in inventions, which attorneys say illustrates that ethical rules are unchanged in the AI era.
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April 10, 2024
Dems Introduce Bill To Codify Policy Barring Judge Shopping
Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.
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April 10, 2024
Chicago Man Wants New Judge In Facebook Defamation Suit
A Chicago-area resident suing Meta over allegedly false sexual misconduct accusations on an "Are We Dating the Same Guy?" Facebook page wants a different judge to handle his case, arguing his current judge's "extensive professional relationship" with Meta's counsel warrants her recusal.
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April 10, 2024
Trump Fails Again To Halt NY Trial Over Claim Judge Is Biased
Donald Trump on Wednesday tried and failed for the third time in as many days to delay his upcoming hush-money trial, after arguing the judge should be removed for supposed bias and that the judge's rules were preventing him from defending himself.
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April 10, 2024
Former NYCBA President, Proskauer Partner Dies At 94
Robert M. Kaufman, a former New York City Bar Association president, longtime Proskauer Rose LLP partner and Holocaust survivor, died on Monday at the age of 94, according to the law school where he served on the Board of Trustees.
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April 10, 2024
Alston & Bird Pushes Arbitration Of COVID Vax Claims
Alston & Bird LLP urged a Georgia federal court to reject a former aide's objection to a magistrate judge's recommendation to force her to arbitrate her claims alleging she was fired after refusing to get vaccinated for COVID-19.
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April 10, 2024
Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm
A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.
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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.
Expert Analysis
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
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Opinion
Litigation Funders Seek Transparency In Disclosure Debate
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
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5 Principles For Better Professional Development Programs
The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
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Series
My Favorite Law Prof: How I Learned To Practice With Passion
First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
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Questions To Ask Before Making A Lateral Move As Partner
Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.
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Roundup
My Favorite Law Professor
As law schools navigate adapting to the pandemic, technological advancements, and the needs and expectations of Gen Z, this Expert Analysis series features stories of teaching methods that have had a meaningful impact on members of the legal industry.
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Pointers For Women IP Attorneys Building Fed. Circ. Practices
Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.
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Series
My Favorite Law Prof: How I Learned To Argue Open-Mindedly
Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
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ABA's No-Contact Rule Advice Raises Questions For Lawyers
The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
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4 Key Skills For An Effective Attorney Coaching Conversation
As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.
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Perspectives
How Civilian Attorneys Can Help Veterans
With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.
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Series
My Favorite Law Prof: How I Learned That Culture Shapes Law
U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
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9 Legal Ethics Considerations In Natural Disaster Preparation
Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
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Series
My Favorite Law Prof: How I Learned To Put Law Into Practice
Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.