Business of Law

  • October 13, 2021

    Justices Torn On Boston Bomber's Unfair-Trial Claim

    A seemingly divided U.S. Supreme Court considered Wednesday whether jurors in the Boston Marathon bombing case should have been pressed about what they knew of the attack, with the court's liberal wing suggesting the perpetrator's death sentence may be tainted by pretrial publicity.  

  • October 13, 2021

    O'Melveny Nabs Former DOJ Public Corruption Prosecutor

    Former senior U.S. Department of Justice prosecutor David V. Harbach II is headed to O'Melveny & Myers LLP's white collar defense and corporate investigations team after nearly two decades in public service, the firm announced Wednesday.

  • October 12, 2021

    King & Spalding Snags Seyfarth Team For Corporate Practice

    Six former Seyfarth Shaw LLP attorneys who specialize in employment matters are moving to King & Spalding LLP's corporate, finance and investments practice in Chicago and New York, the firm said Tuesday.

  • October 12, 2021

    Womble Bond Taps Ex-DHS GC To Lead White Collar Group

    Womble Bond Dickinson has tapped the former chair of Baker Donelson's government enforcement and investigations practice, who was previously the first general counsel for the U.S. Department of Homeland Security, as its white collar and investigations group leader, working in both Atlanta and Washington, D.C.

  • October 12, 2021

    MCCA Launches Scorecard To Evaluate Law Firms' DEI Efforts

    The Minority Corporate Counsel Association has launched a diversity scorecard aimed at showing law firms where they fall in terms of several diversity, equity and inclusion metrics and where they can improve.

  • October 12, 2021

    Two BigLaw Firms Aim For November Office Returns

    Debevoise & Plimpton LLP and Akin Gump Strauss Hauer & Feld LLP are the latest law firms to announce they will push back their planned office reopenings to early November, and both are giving employees more time at home for the holidays.

  • October 12, 2021

    7th Circ. Again Chides Chicago Judge Over Delayed Opinion

    A Seventh Circuit panel called out a Chicago federal judge for taking 74 days to issue a written opinion after initially dismissing an antitrust action, noting the court had condemned the same jurist in the past over her delayed explanatory ruling in a different case.

  • October 12, 2021

    Paul Hastings' Longtime Chair To Hand Reins To New Leaders

    Paul Hastings LLP is poised to undergo a significant leadership transition, with Seth Zachary, the firm chairman for the last 21 years, preparing to step down in 2022 and new managing partners taking the reins from two veterans of the position this month, the firm announced Monday.

  • October 11, 2021

    Former Top DOJ Official Richard Donoghue Joins Pillsbury

    Former top U.S. Department of Justice official Richard Donoghue has joined Pillsbury Winthrop Shaw Pittman LLP as a partner in the firm's New York office, marking the first law firm role for a longtime prosecutor who is credited with helping block the DOJ from being weaponized in the aftermath of the 2020 presidential election.

  • October 08, 2021

    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.

  • October 08, 2021

    Pro Say: When DOJ Spyhunting Goes Too Far

    A Trump-era Department of Justice program aimed at rooting out Chinese economic espionage has come under fire, with critics arguing that the initiative has stirred up a toxic mix of racial profiling and prosecutorial overreach.

  • October 08, 2021

    Fenwick & West Co-Founder Bill Fenwick Dies At 83

    William A. "Bill" Fenwick, the co-founder of Fenwick & West LLP, a Silicon Valley-based firm with more than 400 attorneys and seven offices, died in Palo Alto, California, on Oct. 4 at the age of 83, the firm announced Thursday.

  • October 08, 2021

    Wiley Is Latest To Require Vaccination Ahead Of Office Return

    Wiley Rein LLP is requiring all employees and guests coming into its Washington, D.C., office to be fully vaccinated against COVID-19, the firm said Friday, making Wiley one of the latest firms to mandate vaccination among its employees.

  • October 08, 2021

    BigLaw Pay Hikes Reach Mid-Law With $30k 1st-Year Bump

    California-based midsize law firm Hanson Bridgett LLP is set to raise associate pay from a starting salary of $140,000 to $170,000 in 2022, a firm spokesperson said Friday.

  • October 08, 2021

    Corporate Attys Suffering From Pandemic-Driven Exhaustion

    The COVID-19 pandemic has left its mark on corporate lawyers, resulting in increased exhaustion that can develop into harmful consequences for both individuals and organizations, according to a new study.

  • October 08, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Law firms, pushing to fill three times as many vacancies as a year ago, are trying to lure in-house counsel with more pay and perks, and a Federal Reserve official suggested that big banks may receive more regulatory guidance on dealing with climate risk.

  • October 08, 2021

    Leafly Hires Former Aria Energy GC As New Top Attorney

    Cannabis e-commerce and news site Leafly has announced it has hired as its new general counsel a former Simpson Thacher & Bartlett LLP and Duane Morris LLP attorney who was previously general counsel for Aria Energy.

  • October 08, 2021

    Legal Sector Adds 4,300 Jobs For 2nd Month In Row

    The legal sector added 4,300 jobs for the second consecutive month in September, according to data released by the U.S. Department of Labor on Friday, as the industry continues to rebound from economic disruption caused by the COVID-19 pandemic.

  • October 08, 2021

    Taxation With Representation: Shearman, Latham, Boggs

    In this week's Taxation With Representation, Boston Scientific will buy Baylis Medical, Rigetti Computing will go public by merging with a special purpose acquisition vehicle, and investment firm Stonepeak will buy Teekay LNG Partners LP.

  • October 08, 2021

    Consent Rule Clips Ga. Business Court's Wings In 1st Year

    The Georgia State-wide Business Court handled almost 50 complex corporate disputes in its first year, though its growth was limited by a statutory requirement that both parties consent to have their cases heard in the new court.

  • October 07, 2021

    Dunnam & Dunnam Sues Longtime Trademark Foe Again

    Waco-based law firm Dunnam & Dunnam LLP has accused Austin-based Dunham Law Firm PC of trademark infringement, the latest chapter in a long-running trademark fight between the two firms.

  • October 07, 2021

    Out-Of-State Legal Work In NJ Homes Gets Ethics Greenlight

    Attorneys may perform out-of-state legal work from their New Jersey homes without having state law licenses as long as they don't work from a law office in the state or otherwise present themselves as available to practice law in the state, according to an advisory opinion from two ethics committees released Thursday.

  • October 07, 2021

    The Term: Can The CIA Shield Its War On Terror Partners?

    The Supreme Court capped its first oral arguments of the term with the case of Abu Zubaydah, the first detainee subjected to CIA torture during the war on terror. Can Zubaydah collect evidence to hold the CIA's alleged Polish collaborators liable? Journalist Spencer Ackerman joins Law360's The Term to break down the case.

  • October 07, 2021

    FTC Chair Khan Names Communications Expert As Adviser

    Federal Trade Commission Chair Lina Khan has appointed a Fordham University School of Law professor with a background in communications law to serve as a senior adviser on rulemaking and emerging technology, the university announced Thursday.

  • October 07, 2021

    5 Takeaways From The Trump-DOJ Election Standoff Report

    A Senate Judiciary Committee report Thursday outlined the key role that a handful of top federal prosecutors and BigLaw alums played in defusing then-President Donald Trump's efforts to mobilize the U.S. Department of Justice to overturn the results of the 2020 election.

Expert Analysis

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • 5 Reasons Lawyers Often Fail To Secure Litigation Funding

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    More than 95% of commercial litigation finance proposals are declined by funders because lawyers and their clients drastically underestimate the nuances of obtaining funding, but attorneys can overcome these challenges with informed and thoughtful preparation, says Charles Agee at Westfleet Advisors.

  • Despite Giuliani's Assertion, Lawyers Cannot 'Throw A Fake'

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    A new transcript reveals Rudy Giuliani telling federal agents in 2018 that it was permissible to "throw a fake" during a political campaign, but the notion that lawyers can commit acts of dishonesty without consequence as long as they do so outside their professional practice is belied by the rules of professional conduct and case law, says Hilary Gerzhoy at Harris Wiltshire.

  • Opinion

    It's Time To Upgrade Our Attorney Licensure Rules

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    The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Roundup

    Embracing ESG

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    In this ongoing Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • Retention Is Key To Meaningful Diversity At Law Firms

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    Minority attorneys leave their law firms earlier and at higher rates than their peers, so firms must deemphasize their diversity programs' focus on recruitment and rethink the ways they support and advance attorneys from underrepresented groups, say Shilpa Coorg and David Ramírez-Gálvez at DTO Law.

  • Opinion

    New NJ Fed. Rule On Litigation Funding Should Be Welcomed

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    The District of New Jersey's new local civil rule on litigation funding disclosure has faced exaggerated criticisms when it is a logical extension of the current practices in many U.S. jurisdictions, leads to greater transparency for the parties and the court without unduly burdening the parties, and is a positive development particularly in product liability cases, say attorneys at Dechert.

  • House Subpoena Power Wins In McGahn Case, With Caveats

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    The D.C. Circuit recently vindicated the House of Representatives’ subpoena enforcement power in the dispute between the Judiciary Committee and former White House counsel Don McGahn, but left open the possibility that Congress may face similar challenges in the future, including from private sector actors, say attorneys at K&L Gates.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • Opinion

    DC Court Is Wrong On Jan. 6 Grand Jury Evidence Sharing

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    The D.C. federal court erred recently when it denied the government's request to share grand jury materials from U.S. Capitol riot cases with a private contractor hired to organize the voluminous evidence, turning the practical grand jury secrecy doctrine into a straitjacket, says Steven Gordon at Holland & Knight.

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