Business of Law

  • August 19, 2024

    Fed. Circ. Urged To Review Dish's Fight Over Atty Fee Liability

    A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.

  • August 19, 2024

    Prisoner Gets 20 Years For Serial Threats To Federal Judges

    A man who sent letters from prison expressing a desire to kill "as many U.S. marshals as possible" and threatening to kill a federal judge got 20 years tacked on to his sentence Monday by a Florida federal judge who said he was troubled by the level of detail in the threats and the recurring nature of the man's actions.

  • August 19, 2024

    Ex-McElroy Execs' Theft, Bias Cases Paused Amid Ch. 11

    A New Jersey state court has sided with McElroy Deutsch and stayed all litigation between the law firm and two former executives, including both the firm's fraud claims and discrimination counterclaims made against it, while a related bankruptcy case plays out.

  • August 19, 2024

    Atty Faces Contempt Bid In Fla. Forex Trading Firm Case

    The court-appointed receiver of an investment company at the center of a U.S. Commodity Futures Trading Commission lawsuit over the firm's $75 million foreign currency trading fraud has asked for the company's now-imprisoned CEO's appeals attorney to be held in contempt of court for allegedly failing to comply with a subpoena.

  • August 19, 2024

    Santos Admits Fraud: 'Betrayed The Trust Of My Constituents'

    Former U.S. Rep. George Santos pled guilty in New York federal court Monday to juicing his election fundraising reports with fake donations to qualify for Republican Party support, charges that carry a minimum of two years in prison.

  • August 19, 2024

    Trump's Immunity Appeal May Delay Sentencing, DA Says

    Prosecutors will not oppose Donald Trump's request to delay sentencing in his New York hush money case, currently set for next month, while he seeks to dismiss his conviction in light of the U.S. Supreme Court's presidential immunity ruling, agreeing that an immediate appeal may upend the proceedings anyway.

  • August 16, 2024

    In Case You Missed It: Hottest Firms And Stories On Law360

    For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

  • August 16, 2024

    2 BigLaw Firms Nix Bankruptcy Judge Romance Suit, For Now

    A Texas federal judge Friday tossed an investor's racketeering lawsuit alleging a conspiracy involving Kirkland & Ellis LLP, Jackson Walker LLP, a disgraced Texas bankruptcy judge and his secret romance with a former Jackson Walker partner, dismissing the suit without prejudice while voicing her distaste for its allegations of judicial misconduct.

  • August 16, 2024

    NY Court Security Gave Away Phone With Nudes, Suit Says

    A New York woman has filed a state court lawsuit alleging that a Columbia County Sheriff's Department deputy gave her phone to the wrong person after she visited a county courthouse, which led to sexually explicit photos and videos of her being accessed on the phone and published to social media. 

  • August 16, 2024

    Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight

    The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.

  • August 16, 2024

    Law360's Legal Lions Of The Week

    Shaw Keller LLP and Covington & Burling LLP lead this week's edition of Law360 Legal Lions, after a federal judge overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents owned by a Pfizer unit.

  • August 16, 2024

    Former Texas Judge Sanctioned Over Atty Romance Interview

    Former bankruptcy judge David R. Jones was sanctioned Friday for an "off the record" interview with Jackson Walker LLP, in which he asked the firm not to take his deposition during a federal investigation into Jones' secret romantic relationship with a former Jackson Walker partner.

  • August 16, 2024

    Bar Associations Issue 'Call To Action' To Law Firms On DEI

    Presidents from eight of the nation's largest bar associations are asking legal industry leaders to help defend diversity, equity and inclusion initiatives against attacks from segments of the country.

  • August 16, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A federal appeals court has upheld President Joe Biden's authority to fire former National Labor Relations Board general counsel Peter Robb. And FirstEnergy has agreed to pay up to $20 million in a nonprosecution deal, ending the Ohio attorney general's probe in its billion-dollar bribery scandal. These are some of the stories in corporate legal news you may have missed in the past week.​

  • August 16, 2024

    Atty Who Reported Client Can't Get SEC Award, DC Circ. Says

    The D.C. Circuit was not moved by an attorney's attempt to claim a potential multimillion-dollar award for reporting his client to the U.S. Securities and Exchange Commission, saying the attorney could not have reasonably believed that blowing the whistle on the $44 million fraud was in his client's best interest.

  • August 16, 2024

    Jury Says Lin Wood Must Pay $750K In Defamation Case Fees

    A day after returning a $3.75 million verdict against retired Atlanta defamation attorney Lin Wood in the defamation case brought against him by three of his former law partners, a Georgia federal jury on Friday said he must also pay $750,000 toward their attorney fees and costs. 

  • August 16, 2024

    New Thompson Coburn Chair Aims For Multifaceted Growth

    The former head of Thompson Coburn LLP's 200-attorney litigation department has become the firm's new chair.

  • August 16, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.

  • August 16, 2024

    Colo. Judge Orders Attys To Leave Assumptions At The Door

    A Colorado trial judge is one of the first in the country to require parties to use gender-neutral terms until a person has identified their pronouns. Drawing on his experiences putting on a straight "costume" as a young, gay attorney, he says the aim is to make the courtroom a welcoming space for all involved.

  • August 15, 2024

    Amicus Beef: Judiciary Kicks Off Heated Transparency Debate

    The federal judiciary's main policy panel Thursday floated a major overhaul of mandatory financial disclosures in appellate amicus briefs, a move that's being fueled by perceptions of shadowy "judicial lobbying" and already coming under siege by big business.

  • August 15, 2024

    Tom Girardi Has Dementia, USC Neurologist Tells Calif. Jury

    A University of Southern California neurology professor testified Thursday in Tom Girardi's California federal criminal trial that she diagnosed him with mild-to-moderate dementia months after his law firm collapsed, although the lawyer insisted at the time that his memory was fine and that he was still busily working at his firm.

  • August 15, 2024

    Colo. Atty Sues Bank, Opposing Counsel Over Hack Attack

    A Colorado attorney and conservative radio personality is suing Wells Fargo and opposing counsel in a divorce proceeding over their alleged role in a hacking incident that apparently caused him to wire $375,000 for a client's divorce settlement to Hong Kong.

  • August 15, 2024

    Bloom Firm Settles False Claims Act Suit Over Virus PPP Loan

    Civil rights attorney Lisa Bloom, her Calabasas, California-based firm and her husband have agreed to pay a combined $274,000 to settle a rival law firm's False Claims Act suit alleging they provided false information to obtain a federal Paycheck Protection Program loan during the COVID-19 pandemic.

  • August 15, 2024

    BigLaw Gambling Probe Halts Notre Dame Men's Swimming

    The University of Notre Dame has suspended its men's swimming program after a Ropes & Gray LLP investigation confirmed reports of widespread gambling in violation of National Collegiate Athletics Association rules, a matter the university's athletics director called "a deeply embedded team culture dismissive of Notre Dame's standards for student-athletes."

  • August 15, 2024

    Trump's $100M Tort Claim Against DOJ Faces Uphill Climb

    Experts say Donald Trump's $100 million claim against the federal government for the search of his Mar-a-Lago estate and the prosecution of the allegedly illegal retention of classified documents there will be an uphill climb for the former president because of the limited application of the Federal Tort Claims Act.

Expert Analysis

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Roundup

    My Hobby Makes Me A Better Lawyer

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    Attorneys discuss how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Roundup

    The Pop Culture Docket

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    State and federal judges reflect on a piece of art or entertainment in popular culture, discussing what it gets right and wrong about the justice system, and what legal practitioners and the general public can learn from it.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling

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    The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

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