Business of Law

  • October 29, 2021

    Lawyers Say Firm Mental Health Efforts Miss The Mark

    A global survey of more than 3,000 lawyers has found a high degree of discontent among attorneys with their employers' actions concerning mental health, with many saying their firms were "highly ineffective" in most major areas that impact well-being.

  • October 29, 2021

    Hub Hires: Troutman, Cooley, Burns & Levinson

    October saw the end of the Red Sox season but the start of new career opportunities for many Boston lawyers, including a pair of high-profile federal prosecutors who are traveling the well-worn track from the public sector to private practice.

  • October 29, 2021

    Prelogar Will Argue Texas Abortion Law At Supreme Court

    U.S. Solicitor General Elizabeth B. Prelogar, confirmed by the Senate only Thursday, will argue the federal government's challenge to Texas' six-week abortion ban in the Supreme Court on Monday, a quick turnaround highlighting the stakes of the case.

  • October 28, 2021

    Google Litigation VP To Leave For Health Care Co. Color

    A longtime leader of Google's legal department, Catherine Lacavera, will be leaving the search giant to become the chief legal officer at health care technology company Color Health Inc., she announced Thursday.

  • October 28, 2021

    The Term: The Abortion Hearings No One Saw Coming

    It was finally the Second Amendment's turn to steal the show at the U.S. Supreme Court next week — until the justices caught court watchers by surprise by adding a pair of explosive cases over Texas's six-week abortion ban to Monday's docket. Law360's The Term discusses what's behind the last-minute maneuvers.

  • October 28, 2021

    Tough Decisions Await Prelogar With Her Confirmation As SG

    With her confirmation on Thursday, Solicitor General Elizabeth Prelogar takes the position often called the "10th justice" in the midst of a historic U.S. Supreme Court term, where she will have to make critical decisions about oral arguments and tough legal judgment calls in cases that could put her office in conflict with administration priorities.

  • October 28, 2021

    Deputy AG Unveils New Tacks For White Collar Enforcement

    Deputy U.S. Attorney General Lisa Monaco on Thursday unveiled a tougher approach toward white collar enforcement at the U.S. Department of Justice.

  • October 28, 2021

    Senate Confirms Boies Schiller Alum For Key DOJ Post

    The Senate on Thursday confirmed a handful of officials to lead divisions of the U.S. Department of Justice, including a former Boies Schiller Flexner LLP attorney to lead the Office of Legal Policy, which serves as a key arm in the Biden administration's judicial nomination selection process.

  • October 28, 2021

    Ex-NY Gov. Cuomo Criminally Charged With Groping

    The Albany County Sheriff's Office on Thursday charged former New York Gov. Andrew Cuomo with forcible touching, following his resignation prompted by the state attorney general's conclusion that he sexually harassed 11 women.

  • October 28, 2021

    Senate Confirms Prelogar As Solicitor General

    The Senate confirmed Elizabeth Prelogar as solicitor general by a 53-36 vote Thursday, becoming the second woman confirmed to the influential position.

  • October 28, 2021

    Biden's DOJ Antitrust Pick Easily Clears Senate Panel

    The Senate Judiciary Committee voted overwhelmingly Thursday to send to the full chamber President Joe Biden's nomination of Jonathan Kanter to lead the U.S. Department of Justice's Antitrust Division.

  • October 28, 2021

    Fragomen Snags Immigration Team From Proskauer For NY

    Fragomen, Del Rey, Bernsen & Loewy LLP has poached an immigration practice leader and three senior associates from Proskauer Rose LLP for its New York City office in a moment when complex immigration policies require expert legal talent, the firm said Thursday.

  • October 28, 2021

    Civics Ed. Doesn't Bar Calif. Judges From School Mask Cases

    A judge involved in civics education programs should not automatically be disqualified from hearing cases challenging school district mask and vaccine mandates, a California Supreme Court committee said Thursday.

  • October 28, 2021

    Senate Confirms Conn. Judge, Panel Advances 9th Circ. Pick

    The Senate Judiciary Committee advanced President Joe Biden's nominees for the Ninth Circuit and two district courts in Michigan with some bipartisan support Thursday, while the full Senate confirmed a district judge nominee for the District of Connecticut.

  • October 28, 2021

    Jesse Barrett Leads SouthBank Legal's DC Expansion

    Jesse Barrett, a white collar attorney and husband of U.S. Supreme Court Justice Amy Coney Barrett, is leading a Washington, D.C., expansion for the Indiana-based boutique SouthBank Legal: LaDue Curran Kuehn LLC, the firm told Law360 Pulse on Thursday.

  • October 27, 2021

    Judge To Recuse Self From Ex-Trump Aide's Suit Against FBI

    A D.C. federal judge indicated Wednesday that she intended to recuse herself from a case that Trump 2016 campaign adviser Carter Page filed last year against the U.S. Department of Justice, the FBI and several former top-ranking bureau officials, citing her longtime friendship with an attorney for one of the defendants.

  • October 27, 2021

    DOJ Will Revise Trump-Era Home Release Limit, Garland Says

    The U.S. Department of Justice will change a Trump-era policy that inmates on early home release because of the COVID-19 pandemic must go back to prison when the crisis subsides, Attorney General Merrick Garland said Wednesday, calling it a "terrible policy."

  • October 27, 2021

    Top Mass. Justice Seeks Atty Input On Post-Pandemic Courts

    Newly installed Massachusetts Supreme Judicial Court Chief Justice Kimberly S. Budd said Wednesday she would soon be seeking input from the state bar association on how to handle technological and other challenges associated with courts' return to "normal" following the disruption caused by the pandemic.

  • October 27, 2021

    'The Genome Defense' Brings Myriad Battle To Life

    The realization that private companies could get patents on genes deeply disturbed ACLU attorneys, enough that it pushed them to learn patent law for the first time and persuade the U.S. Supreme Court to ban the practice. In a new book, University of Utah law professor Jorge Contreras opens the door for lay people to care about the intricacies of that case, while providing enough depth to keep patent lawyers interested.

  • October 27, 2021

    Calif. Bar Yanks Prosecutor Over Undisclosed Girardi Ties

    The State Bar of California has placed one of its prosecutors on administrative leave after a Law360 Pulse investigation found he has been moonlighting in private practice alongside the son-in-law of disgraced trial attorney Thomas V. Girardi for more than a year but did not disclose the side job in violation of agency rules.

  • October 27, 2021

    Biden Announces 4 More US Attorney Nominees

    President Joe Biden has nominated four more lawyers to serve as U.S. attorneys responsible for upholding federal laws in Pennsylvania, Illinois, Arizona and New Jersey.

  • October 27, 2021

    InCloudCounsel Scores $200M Funding, Rebrands As Ontra

    Legal technology company InCloud LLC, which does business as InCloudCounsel, raised $200 million in a Series B funding round on Wednesday, the largest-disclosed capital raise by a contract software company in 2021, a year with plenty of investments in the space.

  • October 27, 2021

    Most Judges Back Term Limits For High Court, Survey Says

    More than half of judges support term limits for justices on the nation's top court, according to a survey published this month by the National Judicial College.

  • October 27, 2021

    ABA Says Texas Abortion Law Undermines Constitution

    The American Bar Association on Wednesday backed the federal government's request that the U.S. Supreme Court block Texas' six-week abortion ban, which has proven difficult to challenge in court because of a private enforcement structure.

  • October 27, 2021

    King & Spalding, Ex-Atty Urged To Settle Or Air 'Dirty Laundry'

    An exasperated New York federal judge on Wednesday warned that no one would emerge unscathed if a former King & Spalding associate takes the firm to trial on allegations it fired him for raising ethical concerns.

Expert Analysis

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • Let's Emerge From The Pandemic As Legal Innovators

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    The pandemic forced a digital reckoning on the legal profession — which switched to remote workforces, paperless workflows and digital signatures seemingly overnight — and law firms and corporate legal departments can keep up the innovation momentum with three guiding principles, says Kevin Clem at HBR Consulting.

  • Anticipating Predictive Analytics' Potential Uses In Litigation

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    Predictive analytics — the marriage of statistics and machine learning now commonly used in litigation for document review and production — will soon likely bring exciting new uses in discovery and beyond, offering attorneys more data-driven ways to establish facts and predict case outcomes, say Richard Finkelman and Karl Schliep at Berkeley Research Group.

  • Opinion

    This Black History Month, Law Firms Should Challenge Norms

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    With so little progress made in the diversification of the legal industry, Black History Month is a good time for law firms to adjust their organizational cultures, ensuring that diversity and inclusion goals are transparent and measured in the same way billable hour and other core targets are — through written, enforceable policies, says Paulette Brown at Locke Lord.

  • Series

    Judges On Race

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    On the heels of nationwide calls to address systemic racism and inequality, five sitting state and federal judges shed light on the disparities that exist in the justice system and how to guard against bias in this series of Law360 guest articles.

  • Law Firm Penalties On Departing Partners Just Got Riskier

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    A D.C. appeals court's recent decision in Jacobson Holman v. Gentner sharply limiting the ability of law firms to financially penalize departing partners continues a clear trend among court rulings and bar ethics opinions, and should encourage firms to review their partnership agreements for any ethical land mines, says Alan Kabat at Bernabei & Kabat.

  • Opinion

    Law Firms Are Abusing Calif. Lemon Law Fee Provision

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    California's Song-Beverly Consumer Warranty Act was meant to encourage auto manufacturers to do right by consumers with defective vehicles, but law firms have abused its provision requiring defendants to pay plaintiffs' attorney fees by needlessly adding multiple lawyers to simple cases, says Sherman Joyce at the American Tort Reform Association.

  • NJ Case Has Lessons On Arbitration Clauses In Atty Retainers

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    The New Jersey Supreme Court’s recent opinion in Delaney v. Dickey tracks and builds on other jurisdictions' limitations on the enforceability of arbitration provisions in law firm retainer agreements, and provides useful guidance for lawyers hoping to bind clients to arbitration, say attorneys at Harris Wiltshire.

  • Tips For Protecting Privilege When Working With Outside PR

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    As lawsuits stemming from companies' COVID-19 responses grow and businesses hire public relations firms to manage the fallout, companies and their counsel should consider strategies to best protect themselves in court — and in the court of public opinion — without stepping on a privilege land mine, say Daniella Main and Mia Falzarano at Alston & Bird.

  • 3 Procurement Priorities For Law Firms In Uncertain Times

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    As the pandemic and its associated economic disruption linger, law firm procurement teams should expand their objectives beyond purchasing and getting the best price for goods and services, to help firms become more nimble and achieve overarching strategic goals, says Lee Garbowitz at HBR Consulting.

  • Opinion

    UK Is Proof Nonlawyer Ownership Threatens Legal Profession

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    Advocates claim that nonlawyer ownership of law firms — now allowed in Arizona — will increase low-income Americans' access to legal services, but the reality in the U.K. demonstrates that nonlawyer owners are drawn to profitable areas like personal injury and create serious conflicts of interest, say Austin Bersinger and Nicola Rossi at Bersinger Law.

  • Remote Bar Exams Pose New Learning Disability Challenges

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    New bar exam formats necessitated by the COVID-19 crisis — going from paper to computer, in-person to remote, human to artificial intelligence proctoring — may exacerbate shortcomings in disability assessments for learning-disabled test takers seeking accommodations, says Rebecca Mannis at Ivy Prep.

  • NY Trial Court Rule Changes Will Streamline Civil Practice

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    Comprehensive changes to the New York state trial court rules — taking effect Monday — represent a continued alignment of state and federal practice, and will make litigation more cost-effective and predictable, say Andrew Morrison and Anthony Staltari at Manatt.

  • New Ariz. Law Practice Rules May Jump-Start National Reform

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    Arizona's far-reaching new rules opening its legal sector up to nonlawyer participation may encourage other states to follow suit, with both positive and negative consequences for clients, the justice system, legal education and lawyers' careers, say Maya Steinitz at the University of Iowa and Victoria Sahani at Arizona State University.

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