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Business of Law
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September 19, 2024
Newsmax Appeals Quash Of Smartmatic Atty Subpoenas
Newsmax Media Inc. is appealing a Florida judge's decision to quash its attempt to subpoena a slew of criminal defense attorneys — representing Smartmatic USA Corp. executives in a criminal case over a Philippines elections contract — in Smartmatic's defamation suit over Newsmax reports tying the voting tech company to alleged conspiracies to steal the 2020 U.S. presidential election.
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September 19, 2024
Ex-Ballard Spahr Legal Assistant Drops Wrongful Firing Suit
A former Ballard Spahr LLP legal assistant on Thursday agreed to drop a Pennsylvania civil rights lawsuit alleging that the firm fired her in retaliation for taking leave protected by the Family and Medical Leave Act in order to care for her husband, who was battling cancer.
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September 19, 2024
New NJ Senator Seeks Postelection Vote On 3rd Circ. Nominee
New Jersey's new senator, freshly sworn in Democrat George Helmy, hopes the Senate will vote after the election on the long-stalled nomination of Adeel Mangi to the Third Circuit, which includes his state.
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September 19, 2024
7th Circ. Asks If Law School Should Be 'Safe Space'
Seventh Circuit judges considering a retaliation suit from a University of Illinois Chicago law professor who used the N-word in an exam hypothetical asked Thursday if law schools should really be a "safe space" shielding students from the kind of "horrific facts" courts deal with regularly.
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September 19, 2024
Feds Say Menendez Retrial Bid Ignores 'Overwhelming' Proof
Prosecutors urged a Manhattan federal judge to reject former Sen. Bob Menendez's request for a new trial on corruption and bribery charges, arguing that evidence of his guilt was "overwhelming."
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September 19, 2024
Alaska Man Accused Of Death Threats Against Justices
An Alaskan man has been indicted on charges of sending hundreds of hate-filled messages that included death, kidnap and assault threats to six unnamed U.S. Supreme Court justices, according to court documents.
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September 19, 2024
Judge Picks For 3 States Advance To Full Senate
Four judicial nominations were sent by the Judiciary Committee to the full Senate on Thursday, including that of a former U.S. attorney nominee whose confirmation was blocked by Sen. JD Vance, R-Ohio, before he became a vice presidential nominee.
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September 19, 2024
Squire Patton Hires Ex-Defense Secretary Mark Esper
Former Defense Secretary Mark T. Esper, who clashed with former President Donald Trump, has joined Squire Patton Boggs LLP to advise clients on national security matters and domestic and foreign policy, the firm announced Thursday.
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September 18, 2024
5th Circ. Axes Bargaining Order Against Legal Support Firm
The Fifth Circuit reversed a National Labor Relations Board bargaining order Wednesday against a legal support consulting firm, determining certain workers within the unit are supervisors who can't unionize under federal labor law.
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September 18, 2024
House Seeks To Increase Judgeships After Senate OKs Bill
The chairman of the U.S. House Judiciary Subcommittee on Courts has introduced new judicial staffing legislation, a month after the Senate passed its own version of a bipartisan bill that seeks to create 66 new and temporary judgeships over the next decade in an effort to ease pressure on the overburdened federal judiciary.
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September 18, 2024
Colo. SG Urges Lawyers Not To Lose Sight Of Human Harm
Colorado Solicitor General Shannon Stevenson on Wednesday urged appellate lawyers to use their cases to keep judges "in touch with real people," lamenting that the U.S. Supreme Court's recent decision on true threats ignored the profound impact a man's Facebook messages had on a stalking victim.
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September 18, 2024
Pa. Jury Clears SeaWorld-Owned Park In Race Bias Trial
A Pennsylvania jury on Wednesday freed SeaWorld's Philadelphia-area park Sesame Place of claims that minority children endured discrimination by costumed performers who were accused of ignoring them during character parades.
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September 18, 2024
Venable Co-Managing Partner Dies After Lengthy Illness
Venable LLP announced Wednesday that the firm's co-managing partner Larry Gesner died this week following an illness that lasted several years.
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September 18, 2024
Calif. Atty Can't Escape Billing Scandal's Hacking Claim
A San Fernando Valley attorney will have to face his ethics case that alleges he tried to hire "Israeli military hackers" to access personal accounts of a judge overseeing a public utility class action, after the California State Bar court rejected his motion to dismiss.
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September 18, 2024
Senate Confirms Calif. Judge To Federal Bench
The Senate voted 49-44 on Wednesday to confirm Judge Michelle Williams Court to the Central District of California.
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September 18, 2024
Gibson Dunn Loses Fee Fight With Ex-Partner
Gibson Dunn & Crutcher LLP must pay an additional $141,000 in legal fees to ex-partner and hotshot appellate attorney Mark A. Perry, on top of the roughly $585,000 the firm owes him after losing a legal battle over his departure to Weil Gotshal & Manges LLP.
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September 18, 2024
Wayne State Law Student Refused Accommodations, School Says
Wayne State University argued Wednesday it did not violate the Americans with Disabilities Act by not letting a law student attend class virtually, telling a Michigan federal judge the student, who sued the university, turned down its offers of in-class accommodations, on-campus housing and other resources to help her attend lectures.
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September 17, 2024
DOJ Investigating Alaska US Atty's Office, Murkowski Says
Sen. Lisa Murkowski revealed Tuesday that the U.S. Department of Justice is investigating the U.S. attorney's office in Anchorage following the resignation of an Alaska federal judge who reportedly had an "inappropriately sexualized relationship" with a law clerk even after she joined the prosecutors' office.
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September 17, 2024
Pa. Judge Confirmed As GOP Leader Bemoans Dems' Tactics
The Senate voted 52-41 Tuesday to confirm Mary Kathleen Costello as U.S. district judge for the Eastern District of Pennsylvania, but first the chamber's top Republican took time to blast judiciary policymakers for backing what he said were Democratic initiatives regarding the federal bench.
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September 17, 2024
Pryor Cashman Taps NY Litigator As Next Managing Partner
A New York-based litigator will be the new managing partner of Pryor Cashman LLP starting next year, capping off a nearly 30-year journey at the firm that he began as an associate.
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September 17, 2024
Sidley M&A Leader To Head Firm's Exec Committee
Sidley Austin LLP announced Tuesday that a co-head of the firm's M&A and private equity practice will be the next chair of its executive committee, tapping an attorney who has been with the firm for more than three decades to fill the leadership post.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Duane Morris Atty Asks Court To Keep Proposed Class Alive
A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.
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September 17, 2024
Eversheds US Chief-Elect Talks Firm Goals, DC Move Plans
Eversheds Sutherland named Lino Mendiola III the chief executive-elect for the U.S. side of the firm on Monday. Here, Mendiola talks to Law360 about his goals, his plans to continue the firm’s culture of innovation and why he’s transferring from Austin, Texas, to Washington, D.C., with the promotion.
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.
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
Editor's Picks
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Law360 Names 2022's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2022, our list of 176 attorneys under 40 whose legal accomplishments belie their age.
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Law360 Names Practice Groups Of The Year
Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.
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The 2020 Law360 Glass Ceiling Report
The Law360 2020 Glass Ceiling Report shows that law firms continue to make only minimal progress in their efforts to dispel the barriers women face, especially as they move up the ranks.
Expert Analysis
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Opinion
More Guidance Needed On Appellate Amicus Recusals
Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
After Chevron: SEC Climate And ESG Rules Likely Doomed
Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.