Business of Law

  • August 11, 2020

    From Prosecutor To VP Candidate: How Harris Got Here

    Being named Joe Biden's running mate on the Democratic presidential ticket is just the latest achievement for Sen. Kamala Harris, the California Democrat who cut her teeth as a prosecutor before bursting onto the national political scene in recent years.

  • August 11, 2020

    NY Firm Isn't Exempt From Virus Closure Orders, State Says

    New York state urged a federal judge Tuesday to toss a law firm's allegations that state officials abused their power by ordering the firm to stop doing business in person due to the pandemic, saying the firm isn't "somehow exempt" from orders aimed to protect the public health.

  • August 11, 2020

    New Group Aims To Elevate Voices Of Black Compliance Pros

    A Greenberg Traurig LLP attorney who previously worked at the Consumer Financial Protection Bureau launched an organization this week that seeks to expand opportunities for Black compliance and risk management professionals while changing corporate attitudes toward diversity from the top down.

  • August 11, 2020

    Calif. Atty Sues State Bar Over Discipline For Gender Remarks

    A California attorney who was called out last year for seemingly misogynistic and homophobic remarks sued the state bar on Tuesday in federal court, arguing that disciplinary proceedings related to the incident would violate his constitutional rights.

  • August 11, 2020

    DOJ Says Administrative Procedure Act Is Behind The Times

    The U.S. Department of Justice on Tuesday urged lawmakers to update a law that governs procedures for federal rulemakings, saying that in its current form, it fails to adequately promote accountability, transparency and public participation and isn't sufficient to deal with modern regulation.

  • August 11, 2020

    Fears Of Virus And Distracted Jury Won't Stop Asbestos Trial

    A California judge declined Tuesday to postpone an impending San Francisco jury trial in an asbestos suit against Honeywell International and others, overruling defense attorneys' concerns that in-person trials amid the COVID-19 pandemic are unsafe and that remote jurors can be inattentive as they juggle home life and jury service.

  • August 11, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

  • August 11, 2020

    Ex-Baker Botts, Akin Gump Attys Launch Houston Boutique

    A trio of former partners from Baker Botts LLP and Akin Gump Strauss Hauer & Feld LLP have joined forces to launch a new litigation boutique in Houston focused on commercial disputes, transactions and intellectual property cases.

  • August 11, 2020

    Thomson Reuters Pans Legal Startup's Bid To Ax IP Suit

    Thomson Reuters and West Publishing accused ROSS Intelligence on Monday of ignoring the heart of their federal suit in Delaware alleging ROSS infringed Westlaw copyrights and interfered with a former user's contract in order to hijack protected content.

  • August 11, 2020

    Dentons To Combine With 100-Attorney Utah Law Firm

    Dentons on Tuesday announced plans to combine with Durham Jones & Pinegar, a Salt Lake City-based law firm with nearly 100 lawyers, after the firms worked out a deal amid the global pandemic using virtual tools Dentons' global chairman Joseph Andrew says actually improved the deal-making process.

  • August 10, 2020

    Roku's Trial Delay Request OK'd By 'Surprised' Texas Judge

    U.S. District Judge Alan D. Albright on Monday again delayed a patent jury trial involving Roku because of the coronavirus pandemic, noting his surprise this time that Roku's attorneys had asked for the case to start in October because of persistent safety concerns.

  • August 10, 2020

    Fla. Bar Exam Software Sows Chaos For Grads

    A group of law graduates asked the Florida Supreme Court for help Monday as they deal with data security breaches, overheated computers and malfunctioning facial recognition features in the remote bar exam software that will be used for the online Florida bar exam scheduled for Aug. 19.

  • August 10, 2020

    Calif. High Court Won't Drop Pass Score For Past Bar Exams

    The California Supreme Court issued an order Monday making its lower pass score for the Golden State's bar exam official, though it refused to retroactively apply the new score to past exams.

  • August 10, 2020

    Recruiter Axes Fee Suit Against Kilpatrick Townsend Partners

    After experiencing multiple losses in the courtroom, Houston-based legal recruiting firm Partners Legal Search has abandoned its $1.2 million Texas state court lawsuit that claimed two Kilpatrick Townsend & Stockton LLP partners robbed it of a job search fee by skirting the parties' 2017 agreement.

  • August 10, 2020

    Ex-King & Spalding Partner Joins FBI As General Counsel

    The FBI announced Monday that it has tapped a former King & Spalding LLP attorney with a decade of experience as a federal prosecutor to serve as the agency's general counsel.

  • August 10, 2020

    BigLaw Atty Faces Ethics Complaint Over Kanye, Trump Work

    An accountability watchdog group has filed an ethics complaint against a Husch Blackwell LLP attorney who seemingly represented both the Donald Trump reelection campaign and musician Kanye West's presidential campaign simultaneously.

  • August 10, 2020

    Pa. Judge Bans Atty Exposed To Virus For Coming To Court

    A Pennsylvania judge chastised a local attorney who was exposed to COVID-19 for using the pandemic as a tactical weapon and banned her from entering county courthouse facilities after she ignored the court's directive and showed up for a hearing in person even though her son had the virus.

  • August 10, 2020

    NY Judge With Alzheimer's To Retire After Conduct Concerns

    A Brooklyn state court judge has agreed to retire due to "advanced" Alzheimer's disease at the age of 54 after the New York Commission on Judicial Conduct received complaints about "erratic" behavior.

  • August 10, 2020

    Susman Godfrey Elects New Leader To Succeed Late Founder

    Susman Godfrey LLP has appointed its first female managing partner as a successor to founding partner Stephen Susman, who died last month after contracting COVID-19 while recovering from a bike accident.

  • August 10, 2020

    15 Minutes With Dreamscape Immersive's Chief Legal Officer

    The pandemic has pushed virtual-reality company Dreamscape Immersive's Chief Legal Officer Tammy Brandt to do what she does best: Help emerging businesses pivot to achieve success. Here, she shares more about the company's shift and the accompanying legal challenges.

  • August 09, 2020

    Amid Calls For Police Scrutiny, Cities Look To Law Firms

    A series of high-profile officer-involved killings has thrown a spotlight on police oversight. As the federal government steps back from providing departments with road maps for reform, a number of cities are hiring private attorneys to do the job, which some say could help lend credibility to findings and diffuse political tension.

  • August 08, 2020

    Stephen Williams, Longtime DC Circ. Judge, Dies of COVID-19

    Senior Judge Stephen F. Williams, a member of the powerful D.C. Circuit for more than 30 years, died Friday of COVID-19 complications at the age of 83, the court's chief executive confirmed to Law360 late Saturday.

  • August 07, 2020

    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 07, 2020

    Immigration Judges Can't Halt Policy That 'Muzzles' Speech

    A Virginia federal judge on Thursday shot down the National Association of Immigration Judges' request to pause a Trump administration policy that the organization head claims has "muzzled" immigration judges, finding that the matter belongs in administrative court and the NAIJ hasn't shown it'd be irreparably harmed.

  • August 07, 2020

    Rudy Giuliani Sued Over $15K Art Bill Linked To Divorce

    An art adviser sued Rudy Giuliani in New York state court Friday for allegedly refusing to pay over $15,000 rung up when the adviser appraised art owned by the former New York City mayor and his now-ex-wife Judith for purposes of divvying up their property.

Expert Analysis

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • Opinion

    Fla. Jury Selection Success Shows Viability Of Remote Trials

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    The success of a Broward County, Florida, court earlier this month in conducting jury selection online is a true testament of faith in the jury system, and there is no doubt trials can be conducted via a video platform during the pandemic, says Chief Judge Jack Tuter of Florida's 17th Judicial Circuit.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Opinion

    ALI Consumer Contract Restatement Is Biased Advocacy

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    A recent restatement of law from the American Law Institute attempts to create out of whole cloth a separate area of contract law for consumer agreements, and is the latest example of the organization’s shift toward advocating for policy agendas, says Sherman Joyce at the American Tort Reform Association.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • Rebuttal

    The Fallacies Of Feinstein's Judicial Fitness Standards

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    In a recent Law360 guest article, Sen. Dianne Feinstein, D-Calif., decried the Senate's confirmation to the federal bench of appointees she characterized as lacking basic judicial qualifications, but at least three of her criticisms are inimical to an independent judiciary, says Christopher Wetzel, a trial attorney in the Antitrust Division of the U.S. Department of Justice.

  • Opinion

    Dreamers Bring Important Perspective To Legal Industry

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    The U.S. Supreme Court recently ruled to preserve the Deferred Action for Childhood Arrivals program for the time being, and at this critical time in our nation's history, there are several actions that every law firm can take to increase the visibility of Dreamers, say Regina Calcaterra, Isidora Echeverria and Montserrat Lopez at Calcaterra Pollack.

  • Helping Clients Overcome Financial Hurdles Mid-Litigation

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    In perilous economic times like these, abandoning litigation in progress could be a tempting cost-cutting measure for companies, but lawyers can help clients evaluate two alternative financial arrangements to stanch the bleeding from expenditures while preserving valuable litigation assets, say Charles Agee at Westfleet Advisors and Collin Cox at Yetter Coleman.

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

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