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Business of Law
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April 08, 2024
NYSBA Warns Of Risks To Confidentiality Posed By AI
Attorneys must ensure the use of artificial intelligence does not compromise the attorney-client privilege, advised a report from the New York State Bar Association on Monday, with additional recommendations provided for lawyers interested in exploring the burgeoning technology.
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April 09, 2024
CORRECTED: Ex-SDNY Clerk, Atty Get Prison For Referral Scheme
A former court clerk in the Southern District of New York was sentenced to two years in prison Monday and a disbarred defense attorney was hit with a year-long term for an alleged cash-for-referrals scheme.
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April 08, 2024
Trump Can't Move Hush Money Trial, NY Appeals Judge Says
A New York appellate judge on Monday denied Donald Trump's request to halt his upcoming hush money trial due to what the former president cast as a hopelessly biased jury pool in Manhattan, as he awaited a hearing on his separate bid to lift a gag order.
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April 08, 2024
Cooley Adds 'Next-Gen' Restructuring Atty From O'Melveny
Cooley LLP on Monday hired the co-chair of O'Melveny & Myers LLP's bankruptcy litigation practice as its newest business restructuring practice and global litigation partner. Here, Daniel Shamah talks to Law360 Pulse about why he moved his practice.
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April 05, 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.
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April 05, 2024
NBC Defeats Trump's Subpoena Of 'Stormy' Documentary Info
A New York judge on Friday rejected Donald Trump's attempt to subpoena records from NBC linked to Stormy Daniels, a central figure in the Manhattan district attorney's hush money charges, finding that the ex-president's request was overbroad and barred by civil rights laws.
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April 05, 2024
Higher Election Target For Colo. Judges Inches Ahead
A proposed ballot initiative that would require Colorado state judges get 55% of votes to keep their seats, rather than the simple majority required currently, cleared another hurdle when the state Title Board approved the ballot's title and language.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
PAGA Repeal Bill On Nov. Ballot May Upend Calif. Labor Law
A controversial bill going before Golden State voters in November has employment attorneys divided over its plan to replace California's Private Attorneys General Act with new legislation doubling penalties for willful labor-law violators, but leaving enforcement solely to a state agency that has proven ineffective in the past.
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April 05, 2024
Legal Industry Sheds 3,000 Jobs In March After Modest Gains
Following a modest uptick in February, the U.S. legal sector shed more jobs in March, with a loss of 3,000 jobs compared with the previous month, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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April 05, 2024
Law360's Legal Lions Of The Week
Gibbons PC leads this week's edition of Law360 Legal Lions, after helping its client, a Kirkland & Ellis LLP attorney, secure an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce.
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April 05, 2024
Attys Ask 2nd Circ. To Affirm Ruling In Psychiatry Prof's Death
Attorneys cleared of any wrongdoing in New York federal court in the death of renowned psychiatry professor Judith Brook in their capacity as court-appointed temporary guardians urged the Second Circuit this week to affirm a lower court's holding that temporary guardians are not state actors subject to federal jurisdiction.
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April 05, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Some pressure is off legal teams for a while as the U.S. Securities and Exchange Commission pauses its new climate disclosure rules until a court suit over them is resolved. And an in-house chief counsel was charged with embezzling more than $200,000 by getting his company to pay fake invoices from law firms.
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April 05, 2024
'Eat Or Be Eaten': Mid-Law Drove Q1 Law Firm Mergers
As firms feel the pressure to grow to meet client demands, midsize law firms appear to be more eager to gobble up small law firms and less thrilled by the idea of being acquired, according to consultants and first quarter U.S. law firm combination results collected by Law360 Pulse.
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April 05, 2024
Utility Atty Who Advised Google JV Opens Environmental Firm
An attorney who advised a Google joint venture on a group of master-planned communities and a California utility on billions of dollars in infrastructure work has launched boutique firm Forrest Environmental Law.
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April 05, 2024
Wisconsin Bar Tweaks Diversity Definition Amid Bias Suit
The State Bar of Wisconsin has erased a legal challenge related to its diversity clerkship program following a revision of its definition of diversity, though the federal case will continue over dues collections.
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April 05, 2024
IP Firm Sues Florida Attorney For Using Soundalike Name
Georgia-based intellectual property firm Bekiares Eliezer LLP has sued an attorney in Florida federal court, alleging he marketed his services with a name similar to its "Founders Legal" brand.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
National Association Of Broadcasters Hires New Deputy GC
The National Association of Broadcasters has hired a former Baker McKenzie partner and Federal Trade Commission attorney to serve as its new deputy general counsel, the group announced Thursday.
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April 04, 2024
Stanford Lecturer Says Mideast War Talk Got Him Suspended
A Black Muslim Stanford University lecturer said the school refused to renew his contract after he discussed the Israel-Hamas war in class and had students take part in a profiling and policing simulation, despite him being cleared of wrongdoing.
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April 04, 2024
Caterpillar 'Talking Out Both Sides,' Judge Says
A Delaware federal judge chastised Caterpillar Inc. ahead of trial in a series of orders mostly siding with claims from a defunct construction equipment supplier accusing the company of pressuring an online auctioneer to break an important contract with the would-be competitor.
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April 04, 2024
NY AG Wants Trump Insurer To Guarantee $175M Bond
New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.
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April 04, 2024
Judge Recuses Herself From Cartel Case Over Exxon Stock
A Nevada federal judge has recused herself from a batch of antitrust lawsuits claiming U.S. shale oil producers colluded with OPEC to drive up prices at the pump, citing her ownership of a "significant" amount of Exxon Mobil Corp. stock.
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April 04, 2024
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.
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April 04, 2024
W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm
A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.
Expert Analysis
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Roundup
Keys To A 9-0 High Court Win
In this Expert Analysis series, advocates who have recently won unanimous rulings from the justices share their argument strategies, the tactics they think may help unify the court, and what other practitioners can learn from their experience.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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The Lawyer Personalities That Make Up Joint Interest Groups
As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.
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How ITC's Junior Atty Program Can Benefit Firms, Clients
Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.