Business of Law

  • 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.

  • September 26, 2022

    '6th Sense' Not Enough For FBI Database Search, Agent Says

    An FBI agent testifying in former colleague Babak Broumand's bribery trial told jurors Monday that Broumand, accused of running database searches for a now-convicted attorney and others, wouldn't be allowed to conduct searches because of a "sixth sense" or an uneasy feeling about a suspect's behavior at a party. 

  • September 26, 2022

    Agency Says DC Circ. Can't Save Immigration Judges Union

    The Federal Labor Relations Authority urged the D.C. Circuit to deny a request from immigration judges seeking review of the FLRA's 2020 decision barring their unionization, saying the decision was not a final agency action that falls under the court's jurisdiction.

  • September 26, 2022

    Atty's Challenge To Del. Bench Balance Rule Moves Forward

    A Delaware federal judge on Friday refused to toss an attorney's second challenge of the state's requirement that its three top courts have a balance between major political parties on their benches, saying the political independent has standing because he's shown a "tangible" and "sincere" interest in pursuing a judgeship.

  • September 26, 2022

    Twitter CEO, Musk Depositions No-Go For Now In $44B Suit

    Widely anticipated depositions of Twitter CEO Parag Agrawal and Tesla CEO Elon Musk never got off the ground on Monday, the latest twist in the run-up to a five-day trial in Delaware starting Oct. 17 on Twitter's attempt to force Musk to close on a $44 billion take-private deal.

  • September 26, 2022

    Kean Miller Must Face File Clerk's Pro Se Discrimination Suit

    A federal judge in Louisiana on Monday shot down arguments from Kean Miller LLP that a former file clerk had waited too long to file a suit alleging she was subjected to racial discrimination during her tenure with the firm.

  • September 26, 2022

    'Inventing Anna' Faux Socialite At Odds With Her Ex-Attorney

    Convicted New York scammer Anna Sorokin is seeking a special court proceeding to punish her former attorney for allegedly refusing to turn over files and personal property to her new lawyers.

  • September 26, 2022

    SC Atty Charged In Jan. 6 Riot Pleads Guilty To Misdemeanor

    A South Carolina attorney facing legal ethics proceedings in his home state after being charged in the U.S. Capitol riot on Jan. 6, 2021, has pled guilty to a misdemeanor.

  • September 26, 2022

    Lewis Brisbois Sues Lewis Brisbois In Texas Name Spat

    Lewis Brisbois, the 1,600-lawyer BigLaw behemoth that's been around since the Carter administration, is suing Lewis Brisbois, a "mediation and related services" business registered in May to a UPS Store address outside Houston.

  • September 26, 2022

    Jones Day Adds Former OCC Atty To Financial Markets Team

    Jones Day said Monday that it has welcomed a former senior deputy comptroller and chief counsel for the U.S. Office of the Comptroller of the Currency to its financial markets practice.

  • September 26, 2022

    UK Plan To Boost Penalties For Lawyers Sparks Concern

    The U.K. government's second economic crime bill of the year sent shockwaves through the British legal profession, with leading trade bodies warning the proposal to eliminate fining caps would harm attorneys.

  • September 23, 2022

    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.

  • September 23, 2022

    Ex-FBI Agent's Look At Restricted File Raised Flags, Jury Told

    An FBI agent testifying Friday in the bribery trial of former colleague Babak Broumand said that he became "incredibly suspicious" of Broumand after discovering he'd used a restricted law enforcement database to run the name of a federal agent under investigation over his relationship with an Armenian crime boss.

  • September 23, 2022

    Musk Loses Bid For Privilege Waiver Amid Twitter Doc Fight

    The Delaware Chancery Court on Friday refused Tesla CEO Elon Musk's request for a "blanket" waiver of the attorney-client privilege Twitter Inc. has cited in refusing to hand over documents in litigation over Musk's attempt to get out of his $44 billion offer to buy the company.

  • September 23, 2022

    AIG Scores Early Win In Ex-Company Atty's Retaliation Suit

    A New York federal judge handed American International Group a win Friday in a lawsuit by the former head of its legal consulting arm, ruling the ex-employee's own statements doom his claims that he was retaliated against for reporting alleged fraud within the company.

  • September 23, 2022

    How Calif. Court Reporter Shift Will Impact Family Law Cases

    Legal experts say a decision by the country's largest unified trial court to no longer provide official court reporters in family law and probate cases as of Nov. 14 could harm California's most at-risk and disadvantaged litigants.

  • September 23, 2022

    Pro Say: Jackson Water Crisis Spills Into Court

    Residents of Jackson, Mississippi, have brought the city's failure to provide clean water into federal court, suing numerous public officials and engineering firms that the residents say have degraded the city's water through negligence and mismanagement.

  • September 23, 2022

    Avenatti Must Pay Stormy Daniels $149K In Restitution

    A New York federal judge ordered celebrity attorney Michael Avenatti Thursday to pay $148,750 in restitution to adult film actress Stormy Daniels following his conviction for defrauding his former client out of hundreds of thousands of dollars from a book deal about her alleged affair with former President Donald Trump.

  • September 23, 2022

    'I Lost A Lot': Breyer Opens Up On 'Frustrating' Last Term

    Newly retired Justice Stephen Breyer spoke about his "very frustrating" final term on the U.S. Supreme Court in a sit-down with CNN to be aired Sunday, adding that he was particularly "sorry" about the conservative majority's decision to overturn Roe v. Wade. 

  • September 23, 2022

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Federal regulators ordered The Boeing Co. to pay $200 million and its former CEO to personally pay another $1 million over misleading statements about the 737 Max jet's safety, and Tesla Inc. is countersuing the California Civil Rights Department, claiming the agency failed to follow proper procedures in its bias claim against it. These are some stories in corporate legal news you may have missed in the past week.

  • September 23, 2022

    Varnum Forms New Practice Team As NIL Landscape Evolves

    Varnum LLP announced on Thursday that it has assembled a group of attorneys to form a name, image and likeness practice team in Michigan as the world of college athletics navigates an evolving legal landscape.

  • September 23, 2022

    Funders Eye Equity Stakes In UK Law Firms

    Private financiers are increasingly looking at taking equity stakes in law firms using alternative business structures, in a bid to deliver hefty returns for their investors.

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 23, 2022

    Feds Want Up To 2 Years For Atty Who Threw Molotov Cocktail

    Federal prosecutors are requesting that a former Bronx attorney who pled guilty to throwing a Molotov cocktail at an empty NYPD cruiser during riots following George Floyd's murder by police receive a sentence of 18 to 24 months in prison.

Expert Analysis

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

  • Tips For Handling Audio Data In E-Discovery Post-Pandemic

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    The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

  • Strategies For Effectively Marketing Law Firm ESG Practices

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    As law firms increasingly launch stand-alone environmental, social and corporate governance practices amid rising client demands, they should consider new marketing and client development practices that illuminate their capabilities as well their own sustainability and ethics-related initiatives, says Elle Walch at Ball Janik.

  • Agreement Among Litigants Key To Using E-Discovery Tech

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    Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.

  • Opinion

    Law School Admissions Shouldn't Hinge On Test Scores

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    The American Bar Association recently granted law schools some latitude on which tests it can consider in admissions decisions, but its continued emphasis on test scores harms student diversity and is an obstacle to holistic admissions strategies, says Aaron Taylor at AccessLex.

  • Embracing Revenue Operations For Strong Law Firm Growth

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    The concept of revenue operations — a management strategy commonly used in high-growth sectors that involves integrating all departments to address and fulfill client needs — can help law firms develop their own growth strategies, including strengthening client relationships, says Dave Southern, a business development and marketing professional.

  • Make Room For Serendipity In Your Legal Job Search

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    Landing your dream legal job gets easier when you cultivate serendipity — which involves expanding and deepening your network, while being flexible, authentic and engaged with the world around you, says Anna Sanders at VOYLegal.

  • Ethics Considerations For Attorneys Joining Nonprofit Boards

    Excerpt from Practical Guidance
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    Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

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