Business of Law

  • September 21, 2022

    Ginni Thomas Agrees To Testify To House Jan. 6 Panel

    Virginia "Ginni" Thomas, wife of U.S. Supreme Court Justice Clarence Thomas, has reached an agreement to testify before the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol over her reported activities in the wake of the November 2020 election to overturn President Joe Biden's victory, her lawyer confirmed to Law360.

  • September 21, 2022

    Mass Tort Cases Expose Bankruptcy Courts To New Threats

    A New Jersey bankruptcy judge recently revealed that he and his staff have been receiving threats and harassment relating to a talc mass tort case, laying bare how exposed bankruptcy courts are as they are called upon to address societal ills instead of mere financial distress, experts say.

  • September 21, 2022

    DC Court Nominees Face Light Scrutiny At Senate Hearing

    Three D.C. Superior Court nominees and one D.C. Court of Appeals nominee breezed through a Senate nomination hearing Wednesday, facing only three broad questions about caseload management, proper judicial temperament and how they would adjust to their new positions if approved.

  • September 21, 2022

    Watchdog Asks State Bars To Investigate 15 'Big Lie' AGs

    Legal watchdog group The 65 Project filed complaints against 15 state attorneys general on Wednesday for their past or continued involvement in amplifying former President Donald Trump's false accusations of fraud regarding his loss to President Joe Biden in the 2020 presidential election.

  • September 21, 2022

    Musk Says Twitter Using 'Suspect' Tactics To Hold Back Docs

    Elon Musk says Twitter Inc. is improperly asserting privilege on "an eye-popping 7,220 documents" he has sought during litigation over his $44 billion taken-back offer to buy the social media giant, asking the Delaware Chancery Court to grant a "wholesale waiver" of privilege.

  • September 21, 2022

    Fragomen Chair Passes Torch As Client Engagement Evolves

    Fragomen, Del Rey, Bernsen & Loewy LLP, an international provider of immigration-related legal services, announced a change in leadership at its highest levels Wednesday with the selection of two executive committee members to take over as chairs from name partner Austin Fragomen.

  • September 21, 2022

    1st Circ. Pick Vows To Apply Dobbs 'Faithfully'

    A veteran abortion-rights attorney nominated to the First Circuit vowed to apply the U.S. Supreme Court's recent Dobbs decision "faithfully" and pledged that she would separate her past advocacy from rulings on the bench during a Senate hearing Wednesday.

  • September 21, 2022

    NY AG Tells 2nd Circ. Trump Can't Revive Harassment Claim

    New York Attorney General Letitia James urged the Second Circuit to deny a bid by former President Donald Trump to challenge her investigation into his business dealings, arguing that Trump is trying to improperly revive his already rejected harassment claim.

  • September 21, 2022

    After 12-Year Run, SEC Senior Counsel Moves To Katten In DC

    Katten Muchin Rosenman LLP has bolstered its securities litigation practice in Washington, D.C., with a partner who brings more than a decade of experience in the enforcement division of the U.S. Securities and Exchange Commission, the firm announced on Wednesday.

  • September 21, 2022

    Fed. Courts Extend Remote Audio Access To Civil Hearings

    The federal court system's policymaking body announced it would continue remote public court access and start regularly surveying its employees, while also again calling for the passage of legislation that would improve security for judges.

  • September 21, 2022

    'Stranded' Martha's Vineyard Migrants Can Sue Anonymously

    Applying a recently established First Circuit framework, a federal judge said Wednesday that a group of migrants suing Florida Gov. Ron DeSantis and other state officials who allegedly duped them into flying to Martha's Vineyard could bring their claims anonymously.

  • September 21, 2022

    NY AG James Sues Trump, Alleging $250M Business Fraud

    New York Attorney General Letitia James filed suit Wednesday against former President Donald Trump, his children and company executives, seeking the return of $250 million in allegedly ill-gotten gains from a 10-year scheme to defraud banks using misleading financial statements.

  • September 20, 2022

    5th Circ., NJ Tussle Over Who Gets To Decide 3D Gun Case

    An unprecedented jurisdictional tug of war is playing out between the Fifth Circuit and a New Jersey federal judge over which court should decide a constitutional challenge to New Jersey's enforcement of laws intended to curb 3-D printing of handguns.

  • September 20, 2022

    Alex Jones' Podcast Co. Can't Retain Atty For Ch. 11 Case

    A Texas bankruptcy judge on Tuesday denied motions from Alex Jones' podcast network Free Speech Systems LLC to retain bankruptcy counsel and a chief restructuring officer, saying the two had previously worked with other companies affiliated with Jones on another bankruptcy without disclosing it.

  • September 20, 2022

    Abortion Rights Atty, A 1st Circ. Pick, May Face Tough Hearing

    Julie Rikelman defended the abortion clinic at the center of the most consequential Supreme Court cases in a generation. But on Wednesday, she'll be defending her own record to senators as she seeks confirmation to the First Circuit.

  • September 20, 2022

    Court Officials Not Immune From Access Suit, 8th Circ. Says

    The Eighth Circuit has reversed a Missouri federal court's decision to abstain from a Courthouse News Service lawsuit against local and state court officials that asks for same-day access to complaints, saying the defendants are not protected by sovereign immunity and the district court need not skip the case.

  • September 20, 2022

    LDF Launches New Initiative, Appoints DC Head

    The Legal Defense Fund has both announced the launch of a new program that will pool together certain initiatives that integrate its advocacy tools, as well as the appointment of a new head at its Washington, D.C., office.

  • September 20, 2022

    Deputy Texas AG Beats Ethics Claims Over 2020 Election Suit

    A Texas judge has dismissed the state bar's lawsuit against a top deputy in the state attorney general's office that accused him of acting dishonestly when he filed a lawsuit seeking to prevent four other states from certifying election results in 2020, finding that hearing the bar's suit would violate the state constitution's separation of powers doctrine.

  • September 20, 2022

    Newsom OKs Bill Blocking Bar's Legal Service Reform Plans

    Gov. Gavin Newsom has signed a bill temporarily blocking the State Bar of California from moving forward with plans for a so-called regulatory sandbox to experiment with proposals aimed at reducing the cost and expanding the availability of legal services, such as allowing paralegals to perform limited legal work.

  • September 20, 2022

    Trump Tells 11th Circ. No Proof Docs Were Still Classified

    Former President Donald Trump on Tuesday urged the Eleventh Circuit to uphold an injunction blocking prosecutors from reviewing classified materials seized at his Mar-a-Lago estate and said the government had not yet proven that the documents were still classified.

  • September 20, 2022

    Paul Hastings Parts Ways With Former Co-Managing Partner

    Amid a leadership change-up at the law firm, U.K. Paul Hastings LLP partner Ronan O'Sullivan has left the law firm about a year after he was replaced as firmwide co-managing partner and just weeks before a new chairman takes the reins at the firm for the first time in two decades.

  • September 20, 2022

    Fish & Richardson Eliminates Litigation Secretary Role

    Fish & Richardson PC has eliminated its litigation secretary position at all 14 offices, the global IP firm said Tuesday. 

  • September 20, 2022

    Senate Confirms Judge Pan To Replace Jackson On DC Circ.

    The Senate voted in bipartisan fashion Tuesday to elevate U.S. District Judge Florence Y. Pan to the D.C. Circuit, filling the vacancy left by now-Supreme Court Justice Ketanji Brown Jackson.

  • September 19, 2022

    Trump Fights Immediately Disclosing 'Declassification' Info

    Former President Donald Trump said Monday that he shouldn't have to immediately hand over specific information on the declassification of documents seized from his Mar-a-Lago estate in Florida, arguing in a notice that the "time and place" for such disclosure hasn't yet come.

  • September 19, 2022

    Ex-Munger Tolles Partner Sworn In As US Atty In Calif.

    Munger Tolles & Olson LLP partner E. Martin Estrada was sworn in as the U.S. attorney for the Central District of California on Monday, returning to head the office he left for private practice in 2014.

Expert Analysis

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

  • Potential Charges That Could Stem From Mar-A-Lago Search

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    Drawing on his experience as a criminal defense attorney and former CIA officer, Kevin Carroll at Hughes Hubbard explains how document themes, handwritten notes and potential foreign influences could determine possible charges that may be levied against former President Donald Trump or his staff after the FBI’s search of Mar-a-Lago to seize classified documents.

  • Opinion

    ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

  • Law Of The Case Is More Nuanced Than You May Think

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    The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

  • Engage Associates At Orientation With Thoughtful Activities

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    The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

  • The Cruciality Of Building Client Intimacy Ahead Of Recession

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    Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

  • A Cautionary Tale On Diversity Jurisdiction From The 6th Circ.

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    The Sixth Circuit’s recent opinion in Akno 1010 Market St. v. Pourtaghi highlights the importance of properly establishing citizenship of all parties before filing a federal lawsuit under diversity jurisdiction rules, and shows how overlooking jurisdiction issues could undo years of litigation, say Lauren Snyder and Charles Loeser at Harris Wiltshire.

  • What Litigators Can Really Learn From Rambo

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    A Rambo litigator is a consistently overaggressive and dishonest attorney, but the John Rambo of "First Blood," which recently celebrated its 40th anniversary, has several excellent qualities worth emulating in the legal profession, including professional competence, mental resilience and improvisational ability, says Christopher Van de Kieft at Gitlin Horn.

  • Attorneys Should Note Judges' Financial Conflicts Of Interest

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    The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

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