Business of Law

  • August 07, 2020

    New PTAB Attys Cut Their Teeth At Mock Hearing

    Junior attorneys got rare feedback Friday from the U.S. Patent and Trademark Office director, who commended their "really fabulous job" after a mock hearing in a training designed to give next-generation attorneys experience arguing before the Patent Trial and Appeal Board.

  • August 07, 2020

    Pa. High Court Won't Waive Bar Exam Requirement Over Virus

    Pennsylvania's chief justice said Friday that despite the threat posed by the coronavirus pandemic, the state would not sign off on a plan to allow this year's crop of law school graduates to begin practicing without taking the bar exam.

  • August 07, 2020

    Biggest Fed Court District Largely Closes Due To COVID-19

    The Central District of California, the most populous federal judicial district in the nation, announced that it is mostly closing its courthouses again to the public and that jury trials will continue to be postponed due to the surge of COVID-19 cases in the region.

  • August 07, 2020

    Trump Pick For Central Calif. Court Worth More Than $4M

    A California litigator tapped for a federal court seat by President Donald Trump has reported a net worth of more than $4 million, making him one of the wealthiest judicial nominees up for confirmation in the U.S. Senate.

  • August 07, 2020

    Law360's Pro Say: Please Stop Rockin' Down In Trump World

    Rock star Neil Young filed a lawsuit this week aiming to block President Donald Trump from using his music at campaign events — the first significant legal action taken by one of the many artists who have complained about Trump's choice of rally anthems.

  • August 07, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    New data found that two-thirds of in-house legal leaders are struggling to manage their workload during the pandemic, and Britain's intelligence agency released instructions for how businesses should use insurance brokers to protect them from the threat of virtual crime. These are some of the stories in corporate legal news you may have missed in the past week.​

  • August 07, 2020

    Legal Industry Job Growth Slows In July

    The legal industry in July added jobs for the third straight month, but the pace appeared to slacken after two months of robust growth, with the sector adding 1,900 positions, according to U.S. Department of Labor data released Friday.

  • August 07, 2020

    Full DC Circ. Says House Can Sue For McGahn's Testimony

    The D.C. Circuit ruled Friday that the U.S. House of Representatives may demand testimony from former White House Counsel Don McGahn.

  • August 06, 2020

    Emory Law Prof Calls Punishment For Using N-Word Unjust

    An Emory University School of Law professor hit his employer and former boss with a libel and retaliation suit Thursday, telling a Georgia federal court that they wrongfully suspended him and irreparably damaged his reputation after he used the N-word during a torts class in 2018.

  • August 06, 2020

    McDermott Snags Ex-Quinn Emanuel Entertainment Co-Chair

    McDermott Will & Emery LLP said Thursday that it has hired the former co-chair of Quinn Emanuel's national media and entertainment practice, recruiting a seasoned attorney with experience representing major production companies to expand the firm's commercial litigation presence in Los Angeles.

  • August 06, 2020

    Ex-Fox Rothschild Aide Blasts 'Revisionist' Denial Of Assault

    A former Fox Rothschild LLP legal aide on Thursday accused an ex-firm attorney of engaging in "revisionist history" in trying to escape her New Jersey federal suit alleging he sexually assaulted her, blasting his assertion that they were in a consensual relationship and claiming instead that she was "a victim of his savagery."

  • August 06, 2020

    Ex-Pierce Bainbridge Atty Sued Over Sex Assault Allegations

    A former Pierce Bainbridge paralegal has hit the firm and ex-partner Don Lewis with a defamation and discrimination lawsuit, claiming Lewis sexually assaulted her and then publicly smeared her after the alleged assault sparked a prolonged and intensely bitter legal battle between Lewis and the firm.

  • August 06, 2020

    2 IP Ethics Attys Join Forces To Establish New Firm In DC, LA

    A pair of intellectual property ethics veterans with decades of experience announced the merger of their solo practices to form a new firm focused on representing IP attorneys in a variety of disciplinary matters.

  • August 06, 2020

    Ga. Axes 'Weird' Precedent Rule To Even Up With Other Courts

    In a bid to better align itself with common practice and provide more clarity to litigants, the Georgia Court of Appeals is scrapping an unusual rule that stripped a decision of its precedential value if there was less than full concurrence among judges, a move attorneys in the state say is long overdue.

  • August 06, 2020

    In-House Attys Struggle With COVID-19 Workloads

    Two-thirds of in-house legal leaders are struggling to manage their current workload as the COVID-19 pandemic increases their departments' duties and shrinks budgets, according to a report released Thursday by research organization Gartner Inc.

  • August 06, 2020

    VP Pence: Chief Justice A 'Disappointment' To Conservatives

    Vice President Mike Pence called Chief Justice John Roberts Jr. a "disappointment" to conservatives in an interview with a Christian broadcaster Wednesday, joining President Donald Trump in trying to make the Supreme Court a major issue for Republican voters heading into the November presidential election.

  • August 06, 2020

    Law360's Weekly Verdict: Legal Lions & Lambs

    The New York attorney general is a legal lion this week for striking down parts of a federal rule restricting who can take paid coronavirus leave under a March virus relief law, while the U.S. Department of Justice's Civil Division landed among the legal lambs when a panel found the judiciary improperly spent money from PACER system fees.

  • August 06, 2020

    McDermott Faces SRA Review After Sharing Trial Zoom Link

    McDermott Will & Emery LLP has reported itself to the U.K.'s solicitor regulatory body after allowing a restricted Zoom link for its client's trial against the author of the Trump dossier to be distributed to individuals outside of the case, drawing criticism Thursday from a high-ranking judge.

  • August 06, 2020

    Fed. Circ. Says Judiciary Misspent PACER Fees

    A Federal Circuit panel on Thursday unanimously found the judiciary improperly spent almost $200 million in PACER system fees for unrelated court technology projects, affirming a 2018 D.C. federal district court ruling.

  • August 05, 2020

    NY Courts Consider Bigger Jury Pools, Livestreams For Trials

    As New York courts begin to resume trials during the coronavirus pandemic, a state commission issued a report Wednesday recommending that courts utilize bigger jury pools, check visitors' temperatures and consider livestreaming proceedings for spectators.

  • August 05, 2020

    Trump Hires Impeachment Atty Away From Kasowitz Benson

    One of the attorneys who defended President Donald Trump during his impeachment trial announced in a court filing that he's left his post as a partner at Kasowitz Benson Torres LLP to serve as a senior adviser to the president.

  • August 05, 2020

    SEC Enforcement Co-Chief Peikin To Leave Agency Next Week

    Steven Peikin, co-chief of the U.S. Securities and Exchange Commission's enforcement division, will depart the agency on Aug. 14, he confirmed Wednesday.

  • August 05, 2020

    Netflix, 'Big Short' Director To Make Walmart v. Dukes Series

    Netflix announced Tuesday that it's partnering with the director of "The Big Short" to produce a new limited series titled "Kings of America" inspired by three women who pursued a landmark employment discrimination class action against Walmart that landed before the U.S. Supreme Court in 2011.

  • August 05, 2020

    Law360 Names Attys Who Moved Up The Firm Ranks In Q2

    A promotion to partner or election to practice group chair means lots of well-deserved recognition within a firm and in the larger legal community. Law360 reveals the list of attorneys whose commitment to excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the second quarter of the year.

  • August 05, 2020

    Morgan & Morgan Expands To SF With Ex-Robins Kaplan Pair

    Morgan & Morgan has become the latest law firm to launch an outpost in San Francisco this year, hiring two class action attorneys from Robins Kaplan LLP to lead the office, the plaintiffs firm announced Wednesday.

Expert Analysis

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Attys Should Stop Using 2 Common Cannabis Industry Terms

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    Adopting the industry-preferred alternatives to the terms "marijuana" and "black market" will help lawyers show that they are sensitive to the historical and systemic harm done by the war on drugs to people of color, say Joshua Mandell at Akerman, Nicole Phillis at Davis Wright and consultant Yvette McDowell.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Berman Ouster May Not Be The End Of SDNY Drama This Year

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    While the dust appears to have settled after the surreal departure of U.S. Attorney Geoffrey Berman from the Southern District of New York last month, the interim tenure of Acting U.S. Attorney Audrey Strauss bears close watch in this fraught moment leading up to the presidential election, say Danya Perry and Samidh Guha at Perry Guha.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • RPM Internal Probe Case Brings Privilege Lessons For Attys

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    A little-noticed case working its way through the D.C. federal courts — U.S. Securities and Exchange Commission v. RPM — could limit attorney-client and work-product protections in the context of internal investigations and should serve as a cautionary lesson for counsel sharing information with independent auditors, say Matthew Sloan and Danielle Dankner at Skadden.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Opinion

    Texas Should Cancel Its 2020 Bar Exam

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    An in-person bar exam in July would pose unacceptable health risks and put applicants at an unfair disadvantage, so the Texas Supreme Court should instead initiate a COVID-19 diploma privilege for this year, say professors Renee Knake and Dave Fagundes at the University of Houston.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

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