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Business of Law
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May 16, 2024
11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit
An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."
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May 16, 2024
Calif. Bar Halts Plans To Develop New Bar Exam
The State Bar of California has shelved a plan to develop its own online bar exam, a shift that could save the cash-strapped organization up to $4 million per year, but drew opposition from law school deans concerned about its ambitious rollout timeline.
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May 16, 2024
Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit
A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.
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May 16, 2024
BCLP Sues St. Louis Over City Taxes On Partners' Income
Bryan Cave Leighton Paisner LLP is suing St. Louis, Missouri, after the Midwestern city accused the firm of being delinquent on nearly $275,000 in earnings taxes, contending the municipality unlawfully taxed partners who don't live in the city, according to its court filing.
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May 16, 2024
Coverage Recap: Day 14 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Thursday, day 14 of the trial.
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May 16, 2024
Senate Confirms South Dakota State Judge To Federal Bench
The Senate voted 90-4 on Thursday to confirm Judge Camela C. Theeler to the District of South Dakota.
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May 16, 2024
Menendez Bribery Case Criminalizes Gifts, Jury Told
Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.
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May 15, 2024
Trump Taking Criminal Gag Order Appeal To NY's High Court
Former president Donald Trump wants New York's highest court to review a gag order intended to stop him from criticizing witnesses and others involved in his criminal fraud trial, according to a docket entry Wednesday, just a day after a lower appellate court refused to overturn the order.
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May 15, 2024
DocuSign Investors Near Cert. In Post-COVID Prospects Fight
A California federal judge told counsel Wednesday he's inclined to certify a class of investors who allege DocuSign and its top brass misled investors about the e-signature company's post-pandemic growth prospects, saying DocuSign's challenges to the class-wide damages model seem premature, and the investors easily meet other class certification requirements.
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May 15, 2024
Del. Justices Ask: Do Attys Get Thinner Slice Of $1B Dell Pie?
A near record-breaking $266.7 million fee for stockholder attorneys who settled a Chancery Court class action against Dell Technologies Inc. for $1 billion had Delaware's Supreme Court raising questions Wednesday about how the state traditionally calculates attorney fee awards in large class action settlements.
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May 15, 2024
House Dems Launch Task Force To Address High Court 'Crisis'
A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.
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May 15, 2024
NY Magistrate Judge, SD Law Partner OK'd For District Courts
The Senate voted 51-42 on Wednesday to confirm Magistrate Judge Sanket Jayshukh Bulsara to the Eastern District of New York and 61-33 to confirm Eric C. Schulte, partner at Davenport Evans Hurwitz & Smith LLP, to the District of South Dakota.
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May 15, 2024
Womble Bond Names 'Fearless Leader' As Chair, CEO-Elect
Womble Bond Dickinson announced Wednesday that global finance partner Merrick Benn has been elected U.S. chair and CEO, for a three-year term effective Jan. 1.
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
Fees Sought For Missed Depo During Atty's Solar Eclipse Trip
In following up on a Florida federal judge's sanctioning of a lawyer whose client missed a deposition while the attorney was solar eclipse viewing, AAA is asking the court to award it more than $7,800 in fees and costs as it fights a gender discrimination lawsuit.
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May 15, 2024
Paul Weiss Establishes Center To Combat Hate
Paul Weiss Rifkind Wharton & Garrison LLP announced Wednesday that it has launched the Center to Combat Hate, an organization that will partner with civil rights groups and educational institutions to use litigation in tackling violence and intimidation driven by hate.
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May 15, 2024
'Where's Bob?' Nowhere Near Wife's Gold Bars, Jury Hears
Sen. Robert Menendez and his future wife weren't living together when an alleged bribery scheme took root six years ago and continued residing mostly apart after they married, he in Washington, D.C., and she in her New Jersey home that had a closet filled with gold bars and cash, jurors heard Wednesday.
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May 15, 2024
Senators Release 'Road Map' For Crafting Federal AI Policy
A bipartisan group of senators on Wednesday laid out a "road map" for artificial intelligence policy that calls for increased AI innovation funding, testing of potential harms posed by AI and consideration of the technology's workforce implications.
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May 15, 2024
US Attorney For Colorado Resigns From Post
U.S. Attorney for the District of Colorado Cole Finegan announced Wednesday that he will step down at the end of May to return to the private sector, after serving for more than two years in the role.
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May 15, 2024
In Hush Money Case, Jury May Choose To Keep Silent, Too
Though Donald Trump's gag order violations have earned him a threat of jail time, First Amendment experts say jurors in the New York case will likely be free to speak their mind afterward if they want to — a dynamic that in rare instances has led to posttrial controversy.
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May 14, 2024
Gunster Data Breach Affected 9K Clients' Data, Suit Says
A former client of Gunster Yoakley & Stewart PA has filed a proposed class action in Florida federal court, alleging the law firm's weak cybersecurity systems allowed outsiders to access clients' personal and sensitive health information and that the firm waited over a year to inform those affected.
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May 14, 2024
Venable Opens Colo. Office With 8 Sherman & Howard Attys
Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.
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May 14, 2024
Cohen Says Trump Directed Crimes From The White House
Michael Cohen on Tuesday told a Manhattan jury that he met with Donald Trump at the White House in the early days of the former president's administration to confirm the final component of what prosecutors say was a scheme to bury a sex story in order to swing the 2016 election.
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May 14, 2024
Ga. DA Asks Justices To Dismiss Open Records Suit
A Georgia district attorney on Tuesday urged the Supreme Court of Georgia to overturn a trial court's denial of her motion to dismiss a lawsuit accusing her of illegally withholding records and destroying others in an effort to avoid disclosure, arguing district attorneys are exempt from Georgia's Open Records Act.
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May 14, 2024
Magnets Co. Can't Trim Suit Despite Feds' PACER Accident
The federal government's accidental posting of an unredacted expert report containing sensitive technical data doesn't warrant trimming the government's lawsuit accusing a magnetics manufacturer of sharing that same data with China, a Kentucky federal judge ruled Tuesday.
Expert Analysis
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J&J Unit Ch. 11 Case Shows Texas 2-Step May Be Wrong Move
The Third Circuit's recent ruling in the Chapter 11 case of Johnson & Johnson's talc-related damages unit raises new questions about the viability of divisional merger transactions as a means to manage mass tort liabilities through bankruptcy, especially when there is a robust funding arrangement, say attorneys at Mayer Brown.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Steps Lawyers Can Take Following Involuntary Terminations
Though lawyers can struggle to recover from involuntary terminations, it's critical that they be able to step back, review any feedback given and look for opportunities for growth, say Jessica Hernandez at JLH Coaching & Consulting and Albert Tawil at Lateral Hub.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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3 Job Satisfaction Questions For Partners Considering Moves
The post-pandemic rise in legal turnover may cause partners to ask themselves what they really want from their workplace, how they plan to grow their practice and when it's time to make a move, says Patrick Moya at Quaero Group.
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4 Exercises To Quickly Build Trust On Legal Teams
High-performance legal teams can intentionally build trust through a rigorous approach, including open-ended conversations and personality assessments, to help attorneys bond fast, even if they are new to the firm or group, says Ben Sachs at the University of Virginia School of Law.
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8 Steps To Improve The Perception Of In-House Legal Counsel
With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.