Business of Law

  • September 29, 2022

    Gov't Reaches Deal With Barristers In Bid To End Strikes

    The U.K. government's justice department said Thursday that it has agreed to increase barristers' fees for legal aid work by 15% for most pending cases in a bid to end strike action and reduce the backlog in the crown courts.

  • September 28, 2022

    Free PACER Searches May Require More Money For Judiciary

    A proposed bill to grant free public access to searches of federal court filings could add $77 million to the federal deficit and would require more cash for the federal judiciary but could save money in the long term, the Congressional Budget Office said in a release.

  • September 28, 2022

    Ex-FBI Agent Denies Taking Bribes To Run Searches For Atty

    A retired FBI agent took the stand in his own bribery trial in California federal court Wednesday, denying that he conducted searches on a restricted law enforcement database in exchange for cash and gifts from a since-disbarred Beverly Hills lawyer who was tangled up in criminal enterprises.

  • September 28, 2022

    ACLU Says Feds Ignored FOIA For ICE Detainee Counsel Info

    The American Civil Liberties Union on Wednesday hit the U.S. Department of Homeland Security with a Freedom of Information Act lawsuit in D.C. federal court, accusing the agency of improperly withholding access to records regarding U.S. Immigration and Customs Enforcement detainees' access to counsel.

  • September 28, 2022

    Jan. 6 Defendant Gets 52 Months After Feds Botched Case

    A Texas man who pled guilty to one count of assaulting an officer during the Jan. 6 Capitol riot was sentenced to 52 months in prison Wednesday, having avoided even more serious counts after prosecutors admitted they broke the law by missing a deadline to charge him.

  • September 28, 2022

    Dominion Beats Pro-Trump Atty's Counterclaim In $1.3B Row

    A D.C. federal judge threw out pro-Trump attorney Sidney Powell's abuse-of-process counterclaim in Dominion Voting System Corp.'s $1.3 billion defamation suit over statements she made about the 2020 election, ruling Wednesday that the lawyer had not pointed to any abuse.

  • September 28, 2022

    DOJ's Criminal Antitrust Deputy Joins Fried Frank

    Fried Frank Harris Shriver & Jacobson LLP said Wednesday that Richard A. Powers, who had been serving as the deputy assistant attorney general for criminal antitrust enforcement at the U.S. Department of Justice, has joined the firm as a partner in New York.

  • September 28, 2022

    Ex-Ohio Utility Board Chair Wins Bid To Unfreeze Assets

    An Ohio appeals court has vacated orders by a state court judge to freeze three accounts belonging to a longtime energy attorney who formerly chaired the state's public utilities board and was implicated in a massive bribery scandal involving FirstEnergy Corp.

  • September 28, 2022

    SC Atty, Experian Settle Dispute Over Credit Report Mix-Up

    A South Carolina lawyer who accused Experian of costing her a shot at being a judge has settled her suit with the credit reporting giant, according to a Tuesday federal court filing.

  • September 28, 2022

    ABA Issues Communication Rules For Pro Se Attys

    The American Bar Association's ethics committee clarified Wednesday that lawyers representing themselves generally cannot communicate with another represented person in the matter but must instead go through the individual's lawyer.

  • September 28, 2022

    Why GCs Shouldn't Ignore The DOJ's New Corp. Crime Memo

    General counsel would be wise to pay attention to and proactively act on the U.S. Department of Justice's new corporate crime posture, including using the agency's enforcement strategy as a chance to educate business stakeholders about the importance of investing in the compliance function, experts say.

  • September 28, 2022

    Hearing-Impaired Atty Resolves ADA Claims Against CLE Co.

    An attorney with hearing loss and the online continuing legal education provider against which he sought a class action lawsuit in Florida federal court for a lack of accommodations of his disability have come to an agreement to end the case.

  • September 28, 2022

    Want To Make Big Bucks As GC? Join A Big-Revenue Co.

    Attending a top law school, having a legal specialty like intellectual property, and working at a high-revenue company are the key drivers of in-house counsel pay, according to a new study released Wednesday. But even those attributes aren't earning raises that beat the inflation rate.

  • September 28, 2022

    High Court Welcomes Back Public, Will Continue Live Audio

    Despite allowing the public back into the U.S. Supreme Court to hear oral arguments in person for the first time in over two years, the court said on Wednesday that it will also continue its pandemic practice of livestreaming audio of arguments.

  • September 28, 2022

    Trump Claims NY Is Judge-Shopping $250M Fraud Case

    Former President Donald Trump sought on Wednesday to have New York state's $250 million fraud lawsuit against him assigned to a judge different from the one who held him in contempt in a subpoena enforcement proceeding, rejecting the idea the cases were related.

  • September 28, 2022

    Senate Panel Advances 7 DC Court Picks

    A U.S. Senate panel on Wednesday advanced seven of President Joe Biden's judicial picks for the local court system in Washington, D.C., including the nomination of Vijay Shanker to the D.C. Court of Appeals.

  • September 27, 2022

    Atty Who Allegedly Helped Witness Cheat On Bar Pleads 5th

    A former law partner of disbarred attorney-turned-cooperating-witness Edgar Sargsyan — whom Sargsyan allegedly paid to take a bar exam for him — invoked his Fifth Amendment right Tuesday in an ex-FBI agent's bribery trial, refusing to answer questions that ranged from the partner's relationships with Armenian crime mobsters to gifts the FBI agent received.

  • September 27, 2022

    Few Courts Remain Open As Hurricane Ian Barrels Toward Fla.

    The impending arrival of Hurricane Ian on Wednesday closed courthouses across Florida as residents on both coasts of the peninsula prepared to feel effects from what has strengthened into a major storm.

  • September 27, 2022

    Fastest AG In The West? Paxton Slips Service In Abortion Row

    Ken Paxton dodged a subpoena — literally and legally — this week when a federal judge ruled he shouldn't have to testify in an abortion rights case a day after the Texas attorney general ran away from a process server attempting to hand him subpoenas in the litigation.

  • September 27, 2022

    NJ Attys OK To Use Pot, Enter Cannabis Industry, Panel Says

    New Jersey lawyers can consume cannabis and participate in the legal cannabis trade without fear of a professional ethics inquiry, an advisory committee for the Supreme Court of New Jersey ruled in an opinion published Tuesday.

  • September 27, 2022

    Four Years Later, Kavanaugh Probe Still Raising Questions

    As the FBI finished its inquiry into U.S. Supreme Court nominee Brett Kavanaugh in 2018, the bureau drew ire for shuttling credible sources to a tip line it seemed to ignore. Even now, the investigation remains shrouded in secrecy, leaving some U.S. senators concerned about the integrity of future nominations.

  • September 27, 2022

    LA Attys Face Bar Probe Over Genocide Settlement Payouts

    The State Bar of California announced on Tuesday that it is investigating two prominent Los Angeles-area attorneys over their involvement with the reported botched dispersal of settlement funds intended for Armenian genocide victims.

  • September 27, 2022

    Sanford Heisler Sharp Opens New Palo Alto Office

    Plaintiff-side labor law firm Sanford Heisler Sharp LLP said Tuesday that it had opened a new office in Palo Alto, California, its eighth location nationwide, in a bid to step up its representation of tech workers and Asian Americans in Silicon Valley.

  • September 27, 2022

    2nd Circ. Opens Door To End Trump's Rape Defamation Suit

    The Second Circuit handed former President Donald Trump a partial win Tuesday, ruling the 45th president was a U.S. employee — potentially entitling him to immunity from a writer's defamation lawsuit — and asked the D.C. Court of Appeals to analyze whether Trump's controversial statements were made within the scope of his employment.

  • September 27, 2022

    Dozens Of Orgs Urge House To Pass High Court Ethics Bill

    The American Federation of Teachers and Greenpeace are among the nearly 60 organizations that have co-signed a letter calling on Congress to pass an ethics bill that would create new recusal and disclosure standards for the U.S. Supreme Court.

Expert Analysis

  • 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.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

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