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Business of Law
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September 27, 2023
Man Charged With Threatening NJ Judges In Mass Of Emails
A Los Angeles man has been charged in California federal court with allegedly sending more than 400 threatening and harassing emails to New Jersey judges as a way of getting back at the legal system that imposed a protective order against him after he made threats on Facebook.
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September 27, 2023
Proskauer Hires 4-Partner Ex-Shearman Team In Paris
Proskauer Rose LLP has hired a corporate law team led by four partners from Shearman & Sterling LLP in Paris, including the leader of Shearman's Paris office, the firm announced Wednesday.
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September 27, 2023
Houston Firm Takes Second Crack At Tossing $2M Loan Suit
A Houston-based law firm and its founding partner have asked a Texas appeals court to reverse a lower-court decision not to dismiss a litigation funding company's suit over a $2 million debt that the law firm allegedly never repaid.
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September 27, 2023
Racial Justice Center Opens At Historic Md. Law School
The University of Maryland's Francis King Carey School of Law announced this week the launch of a center in Baltimore that will be dedicated to education, advocacy and research on racial justice under the leadership of several trailblazing legal scholars at what is now one of the U.S.' oldest law schools.
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September 27, 2023
Paul Weiss Launches Practice Group To Advise On DEI Issues
Paul Weiss Rifkind Wharton & Garrison LLP announced Wednesday the launch of its new DEI Strategic Advisory practice to help companies navigate diversity, equity and inclusion issues in what the global firm characterized as an "increasingly challenging legal landscape."
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September 27, 2023
Gov't Shutdown Would Block New IPOs, SEC's Gensler Says
If the U.S. Securities and Exchange Commission is forced to operate on a "skeletal" staff due to a looming government shutdown, companies would be prevented from going public and whistleblower complaints could go uninvestigated, agency chair Gary Gensler told Congress on Wednesday.
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September 27, 2023
4 Years On, Unraveling The Lessons Of 'Varsity Blues'
The "Varsity Blues" college admissions case rocked the legal world and higher education when it first broke in 2019. More than four years later, after 50 guilty pleas and a mixed record at the trial and appellate levels, the landmark prosecution leaves a complex legacy.
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September 26, 2023
Ex-Bush Admin Atty Yoo Cites Founders To Defend Eastman
University of California, Berkeley law school professor and former Bush administration attorney John Yoo testified in John Eastman's disbarment trial on Tuesday that the historical actions of Thomas Jefferson and John Adams support Eastman's claims about the unilateral power of the vice president during the counting of electoral votes.
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September 26, 2023
Agencies Face Steep Learning Curve Under Biden GHG Order
Not every federal agency has experience with incorporating cost estimates for damages caused by greenhouse gas emissions into their daily work, but that's going to change under President Joe Biden's new directive that all agencies must begin using them in their budgeting, procurement and permitting decisions.
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September 26, 2023
Jury Convicts Driver For Aiding Murder Of Fed. Court Officer
A California federal jury on Tuesday convicted a man charged with driving the getaway vehicle during the fatal 2020 shooting of a federal courthouse security guard, finding him guilty of aiding and abetting the murder and attempted murder of courthouse officers.
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September 26, 2023
Ex-Jones Day Atty Confirmed To Calif. Appellate Seat
California has a new justice on the state's court of appeals as Judge Martha Gooding was unanimously confirmed by the state's Commission on Judicial Appointments on Tuesday and immediately sworn in.
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September 26, 2023
Hunter Biden Accuses Giuliani Of Hacking Infamous Laptop
Hunter Biden sued Rudy Giuliani and Giuliani's former lawyer Tuesday on allegations the pair caused the "total annihilation" of his digital privacy by disseminating data from his now-notorious laptop — and violated cybersecurity laws in the process.
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September 26, 2023
Trump Found Liable For Fraud In NY Attorney General's Case
A New York state judge on Tuesday placed Donald Trump's assets in limbo and sanctioned his attorneys after ruling that the former president and his real estate company defrauded banks and insurers for years by exaggerating his net worth by billions of dollars.
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September 26, 2023
Conn. Lawmakers Approve Lamont's High Court Pick
The Connecticut General Assembly swiftly approved Gov. Ned Lamont's nominee for associate justice on the Connecticut Supreme Court during a special session on Tuesday.
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September 26, 2023
McElroy Deutsch Keeps Claim On Ex-Execs' Home, For Now
A New Jersey state judge has declined to toss McElroy Deutsch Mulvaney & Carpenter LLP's legal claim on the home of two married former firm executives, who it accused of stealing $3.2 million from the law firm and partly using the money to buy the residence.
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September 26, 2023
High Court To Carry On If No Deal To Avert Shutdown
A government shutdown could happen by the end of the week, yet the U.S. Supreme Court would continue its regular operations, and there would be about two weeks' worth of funding available for lower federal courts, insiders say.
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September 26, 2023
5th Circ. Puts Hold On Religious Training For Southwest Attys
A day before the court-ordered deadline for Southwest Airlines' lawyers to undergo "religious liberty" training in a flight attendant's suit, the airline convinced the Fifth Circuit to temporarily pause the sanction while the court considers whether to stay the decision pending Southwest's appeal.
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September 26, 2023
Trump Blasts Proposed Gag Order In DC Case As 'Censorship'
Former President Donald Trump called prosecutors' request that a Washington, D.C., federal judge limit what he can say publicly about his election interference case an attempt to strip him of his First Amendment rights and thwart his presidential campaign.
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September 26, 2023
Retired 7th Circ. Judge Posner Must Face $170K Wage Suit
Retired Seventh Circuit Judge Richard A. Posner can't escape a lawsuit alleging he stiffed a man out of a six-figure salary after hiring him to run a now-defunct pro bono legal services organization.
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September 26, 2023
The 2023 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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September 26, 2023
Why Law Firm ESG Is Likely Here To Stay
As backlash to institutional efforts around environmental, social and corporate governance spreads in the U.S., experts say law firms are likely to take a long-term view and continue focusing on ESG principles, even if some of the wording and messaging around those efforts may change.
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September 26, 2023
Proskauer, VC Settle Over Alleged $636M Copy-Paste Error
Proskauer Rose LLP has reached a settlement with a California venture capitalist who blames the firm for a drafting error that he said cost him his $636 million stake in a hedge fund he started, the parties reported to a Massachusetts court.
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September 26, 2023
FTC Finally Brings Down Antitrust Hammer On Amazon
The Federal Trade Commission lodged a long-expected case Tuesday accusing Amazon of violating antitrust law, marking another aggressive step in the administration's efforts to increase competition across the economy, especially through moves to rein in large digital platforms.
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September 26, 2023
As 'Varsity Blues' Winds Down, Attys Recall A Wild Beginning
The "Varsity Blues" college admissions case may be ending with a whimper, but it began with a bang on March 12, 2019, as prosecutors unveiled charges against Hollywood stars and corporate titans. Law360 compiled an oral history of that "insane" first day.
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September 25, 2023
Pentwater Appeals $267M Atty Fee Award In Dell Case In Del.
A private equity investor in Dell Technologies Inc. is appealing a Chancery Court's record $266.7 million fee award to class counsel that secured a $1 billion settlement for stockholders who sued over a $23.9 billion stock swap in 2018.
Expert Analysis
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Why Justices' SuperValu Ruling Wasn't Quite A 'Seismic Shift'
Notwithstanding an early victory lap by the relators' bar, the U.S. Supreme Court’s decision in U.S. v. SuperValu Inc. was a win for both whistleblowers and sophisticated companies, but unfortunately left “subjective belief” to be interpreted by lower courts and future litigants, say attorneys at Baker Donelson.
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Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert
Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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How Calif. Arbitrators Can Navigate Discovery Landscape
Recent California state court decisions that created prehearing discovery subpoena constraints make clear the importance of considering the need for prehearing discovery when drafting arbitration clauses, or attempting to remedy the absence of such authority if both parties seek such discovery after an action commences, says Greg Derin at Signature Resolution.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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Opinion
USPTO Efforts On Patent Bar DEI Miss Underlying Issues
The U.S. Patent and Trademark Office recent admission criteria changes and proposed design patent bar are mere baby steps in addressing diversity, equity and inclusion before the office, and will have little, if any, impact on DEI, says Stephen Weed at Culhane Meadows.
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Recent Changes Mark A Key Moment For New York High Court
Recent developments in the New York Court of Appeals — from rapid turnover and increasing diversity, to a perception among some of growing politicization — mark an important turning point, and the court will continue to evolve in the coming year as it considers a number of important cases, say attorneys at Gibson Dunn.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.