Business of Law

  • March 19, 2024

    Trump Asks Supreme Court For Absolute Criminal Immunity

    Former President Donald Trump implored the U.S. Supreme Court on Tuesday to find that former presidents are absolutely immune from criminal charges related to official acts, warning the court that its adoption of a fact-specific test could appear as a "gerrymandered ruling tailored to deprive" him alone of immunity.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    Confederate Statue At NC Courthouse Must Stay, Panel Says

    The North Carolina Court of Appeals ruled Tuesday that local officials can't get rid of a Confederate statue outside a county courthouse, finding the statue is protected by a state law barring the removal of historic monuments.

  • March 19, 2024

    2 Arbitration Bodies Donate $750K For Diversity Efforts

    Two nonprofits focused on the alternative dispute resolution field — the American Arbitration Association-International Centre for Dispute Resolution Foundation and the JAMS Foundation — jointly announced on Monday a $750,000 grant to support efforts to increase diversity among arbitrators and mediators.

  • March 19, 2024

    Vicente LLP Sues Recruiter Over Fee Demand In Failed Search

    Vicente LLP is alleging that a Florida-based recruiter wants money for nothing after a failed search for a corporate attorney to join the cannabis law firm, during which one of the two proposed candidates turned out to be someone Vicente already worked with and later hired in a different role.

  • March 19, 2024

    Ex-Lynch Carpenter Atty Hits Firm With Whistleblower Case

    A former associate for Lynch Carpenter LLP has brought a whistleblower suit in Los Angeles Superior Court claiming labor code violations, discrimination, breach of contract and retaliation after allegedly witnessing "multiple instances of unethical conduct that he believed constituted fraud and/or legal malpractice."

  • March 19, 2024

    2nd Circ. Says 'Mandate Rule' Gives Judges Little Leeway

    A district court judge must hold a new trial if there are instructions for one when a case is remanded, the Second Circuit said Tuesday in an order reviving an excessive force case, clarifying lower courts can defy such mandates only in "very limited" circumstances.

  • March 19, 2024

    Kilpatrick Taps IP Leader As Next Firm Chair

    Kilpatrick is turning to the leader of its intellectual property department in Atlanta to succeed the firm's longtime chair when he steps down from the role later this year.

  • March 19, 2024

    Pro-Trump Mich. Atty Evading Warrant Arrested In DC

    A Michigan attorney facing state criminal charges of tampering with voting machines was released on a $10,000 unsecured bond in Washington, D.C., on Tuesday after she was arrested following a hearing in separate defamation litigation brought by Dominion Voting Systems.

  • March 18, 2024

    Trump Can't Use Quasi-Advice Of Counsel Defense In NY Trial

    Donald Trump cannot use an informal "presence of counsel" defense in the Manhattan district attorney's hush money case against him, a New York judge ruled Monday, rejecting a strategy that would have allowed the former president to blame his ex-attorneys without having to divulge details about the purported legal advice.

  • March 18, 2024

    Atty For Ex-Overstock CEO Admits Dominion Discovery Leaks

    A lawyer representing former Overstock.com CEO Patrick Byrne against a defamation lawsuit from Dominion Voting Systems admitted to a D.C. federal judge on Monday that she shared Dominion's discovery documents with law enforcement as Dominion's attorneys decried the leak as a flagrant violation of a court protective order.

  • March 18, 2024

    Doc Production Is 'Not That Hard,' MDL Judge Tells Snap's Atty

    A California magistrate judge laid out incentives Monday to spur depositions and document production in multidistrict litigation over social media's allegedly addictive design, rejecting defense counsel's arguments the incentives are "lopsided," and telling Snap's counsel document production is "not as hard as you're saying it is."

  • March 18, 2024

    RBG Award Gala Axed After Objections To Musk, Murdoch Nods

    Following objections by family members of the late U.S. Supreme Court Justice Ruth Bader Ginsburg, the foundation presenting her namesake leadership award has canceled the ceremony, saying it meant no offense in naming Elon Musk, Rupert Murdoch, Sylvester Stallone, Martha Stewart and Michael Milken as the 2024 honorees.

  • March 18, 2024

    Justice Roberts Denies Ex-Trump Aide's Bid To Avoid Prison

    Former Trump White House adviser Peter Navarro is headed for federal prison.

  • March 18, 2024

    5 Moments That Swayed Ga. Judge In the Trump Case DQ Bid

    After days of testimony about the romantic and financial relationship between Fulton County District Attorney Fani T. Willis and the lawyer she appointed to lead the election interference case against Donald Trump, a Georgia judge last week ordered Willis to shuffle the prosecution team. How did he reach that ruling? Here are five moments that swayed the judge.

  • March 18, 2024

    Trump Says He Can't Secure Bond For $465M Fraud Judgment

    Former President Donald Trump told a New York appellate court Monday that posting bond while he appeals a $465 million judgment against him and his business empire for allegedly defrauding banks and insurers is a "practical impossibility."

  • March 18, 2024

    Mass. Law Firm Can't Escape Ex-Client's Data Breach Case

    A small Massachusetts law firm will have to face an ex-client's proposed class action claiming it was negligent and failed to protect her and others' personal information from hackers who breached the firm's computers and stole data, a Boston federal judge has ruled.

  • March 18, 2024

    Kirkland Wants To Escape Suit Over Ex-Judge's Relationship

    Kirkland & Ellis LLP wants to bring down the hammer on a racketeering lawsuit claiming the firm "conspired" to profit from a Texas bankruptcy judge's secret romance scandal, saying the "flimsy" suit should be dismissed, and both the plaintiff and his attorneys at Bandas Law Firm PC should be sanctioned for filing it.

  • March 18, 2024

    Major Lindsey Followed Rules In Sex Assault Suit, Judge Says

    A Chicago-based attorney who represents Major Lindsey & Africa LLC in an ex-employee's New York sexual assault suit did not run afoul of court requirements by sending a letter demanding that she drop the claims, a judge held Monday.

  • March 18, 2024

    Cozen O'Connor Adds 6 Troutman Construction Attys In LA

    Cozen O'Connor announced Monday that it had ventured into the California construction law market with the addition of a team of six attorneys from Troutman Pepper Hamilton Sanders LLP in Los Angeles.

  • March 18, 2024

    Legal Groups Seek Update On What It Takes To Be A Lawyer

    The Institute for the Advancement of the American Legal System has announced a "major update" to its 2014 survey, this time teaming up with the Law School Admission Council to tap thousands of attorneys to get an updated view of what it takes to be a successful lawyer.

  • March 18, 2024

    DC Panel Explains Denial Of Ethics Subpoena On Ex-DOJ Atty

    A subpoena from D.C. attorney ethics authorities demanding that former U.S. Department of Justice attorney Jeffrey Clark produce documents pertaining to his alleged role in promoting Donald Trump's stolen election narrative would be "sufficiently testimonial and potentially incriminating" to implicate the Fifth Amendment, a D.C. Court of Appeals panel ruled.

  • March 18, 2024

    Trump, Co-Defendants Seek Appeal Of Willis DQ Ruling

    Former President Donald Trump on Monday asked a Georgia judge to let him appeal a ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting him and his co-defendants in the state's election interference case.

  • March 18, 2024

    BCLP Axes 50 Jobs In US, UK Amid Headcount Declines

    Following years of declining lawyer headcount, Bryan Cave Leighton Paisner LLP has confirmed that it is conducting a restructuring that will impact approximately 50 jobs in the U.S. and U.K., marking the second round of layoffs the firm has conducted in the past year.

  • March 18, 2024

    'Hotel California' Trial Collapse Reveals Privilege Rift

    The recent midtrial implosion of a Manhattan district attorney case over Eagles frontman Don Henley's allegedly stolen album notes had both sides crying ethical fouls — exposing thorny questions about what happens when the attorney-client privilege of a witness comes into conflict with a criminal defendant's Sixth Amendment rights.

Expert Analysis

  • ESG: The Top Law360 Guest Articles Of 2022

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    This year, as many companies embraced environmental, social and corporate governance strategies, Law360 Expert Analysis discussions revolved around increasing scrutiny from investors, regulators and state attorneys general, and the influx of anti-ESG bills and litigation.

  • The Metaverse: The Top Law360 Guest Articles Of 2022

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    As the metaverse became a popular destination to explore new business opportunities this year, it raised regulatory questions, with Law360 guest experts discussing risk assessments and compliance procedures across various industries, and NFT issues related to intellectual property, privacy and securities law.

  • The Most-Read Employment Law360 Guest Articles Of 2022

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    This year, issues related to noncompetes, no-poach enforcement and abortion access were among the most popular employment law topics in Law360's Expert Analysis section.

  • Trial Tips: The Top Law360 Guest Articles Of 2022

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    Law360 guest experts offered commentary on the high-profile trials of 2022 and highlighted best practices for attorneys, such as key principles for sound closing arguments that win over jurors, strategies to help witnesses stay focused, and how to recognize the most common cognitive distortions that can cripple witnesses' testimony.

  • The Most-Read Securities Law360 Guest Articles Of 2022

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    Ongoing regulatory uncertainty for cryptocurrencies created fertile ground for litigation and enforcement this year, with Law360 Expert Analysis writers discussing a flurry of U.S. Securities and Exchange Commission actions that fulfilled the agency's promises of a clampdown.

  • What 3 Legal Industry Trends From 2022 Mean For Next Year

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    Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.

  • Learning From This Year's Legal Industry Discrimination Suits

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    To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

  • Roundup

    The Future Of Legal Ops

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    Legal operations professionals discuss the most important demands facing corporate legal departments today, and how companies are changing or are expected to change in order to adapt.

  • Series

    The Future Of Legal Ops: AI Has Important Role To Play

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    Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.

  • 4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY

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    With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.

  • Opinion

    Law Schools Must Prep Students To Tackle Gun Violence

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    Given that Gen Z — the so-called mass shooting generation — is now of law school age, it's time for schools to invest more in courses, clinics and other resources to prepare their students to enter the growing field of gun violence prevention litigation, says Kaivan Shroff at Everytown for Gun Safety.

  • How In-House Attys Can Manage Cyber Risks Of Mass Layoffs

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    As mass layoffs expose employers to greater cyber threats, in-house attorneys should include cybersecurity considerations in their preparation for and management of the employee separation process, including in separation agreements and exit interviews, says Foster Sayers at Pramata.

  • Opinion

    Increasing Law Firm Polarization Will Degrade Rule Of Law

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    As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.

  • How To Deal With Difficult Clients, Practically And Ethically

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    Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.

  • Where Kavanaugh May Land On SEC In-House Court Issue

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    Justice Brett Kavanaugh's agreement with the U.S. Supreme Court majority in West Virginia v. U.S. Environmental Protection Agency, along with a previous dissenting opinion in the D.C Circuit, is a good predictor of his views in two cases challenging judicial procedures at the U.S. Securities and Exchange Commission and Federal Trade Commission, says Evan Stewart at Cohen & Gresser.

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