Business of Law

  • September 22, 2022

    Tom Girardi's Treasures Going Once, Twice, Sold At Auction

    It is often said that you can't judge a man before walking a mile in his shoes, and one lucky bidder can now do just that in disgraced attorney Tom Girardi's shaded brown crocodile Gucci Oxfords, thanks to an auction Wednesday of items from his Southern California mansion.

  • September 22, 2022

    Kreindler Sanctioned Over Deposition Leak In 9/11 MDL

    A New York federal magistrate judge has sanctioned Kreindler & Kreindler LLP and its former consultant over the leak of a deposition from multidistrict litigation over the 9/11 attacks, saying it was deliberately leaked to "embarrass" defendant Saudi Arabia.

  • September 22, 2022

    Special Master Orders Trump To Back Up Planted Docs Claim

    The court-appointed special master overseeing the review of documents seized from former President Donald Trump's Mar-a-Lago estate ordered Trump on Thursday to back up claims he has made outside court that the FBI planted evidence at the property during the search.

  • September 22, 2022

    Jan. 6 Rioter Who Testified Before Congress Avoids Prison

    A D.C. federal judge sentenced an Ohio man who participated in the 2021 attack on the U.S. Capitol to probation Thursday, citing the defendant's July testimony before the House Select Committee investigating the riot as evidence of his remorse.

  • September 22, 2022

    Covington Welcomes Back Antitrust Pro After Stretch At DOJ

    A former Covington & Burling LLP associate is returning to the firm's Washington, D.C., office as a partner after spending nearly four years focused on matters related to competition and technology at the U.S. Department of Justice, the firm announced Wednesday.

  • September 22, 2022

    Former Ga. Judge Sees Mediation Boom In New Legal Venture

    As the state continues to deal with case backlogs as a result of the COVID-19 pandemic, a recently retired Georgia Superior Court judge said he's seen an explosion in demand for mediation services at his newly launched multi-practice law firm.

  • September 21, 2022

    IP Luminaries Launch Group To Promote, Defend Innovation

    Two former directors of the U.S. Patent and Trademark Office and two former Federal Circuit judges are leading a new group launched Thursday that aims to "change the narrative" around intellectual property, by informing policymakers and the public about how it drives innovation.

  • September 21, 2022

    Meet The Lawyers On Deck In NY V. Trump Biz Fraud Case

    The New York attorney general's blockbuster fraud suit against former President Donald Trump, three of his adult children and the Trump organization will pit some of the family's fiercest defenders against a team of seasoned prosecutors.

  • September 21, 2022

    Disbarred Atty Testifies He Bribed FBI Agent To Evade Probes

    A disbarred Beverly Hills attorney testifying in an ex-FBI agent's bribery trial told a California federal jury Wednesday that he paid the agent $10,000 per month in exchange for accessing restricted law enforcement information to see if he was being investigated for his illegal credit card schemes and marijuana growing operation.

  • September 21, 2022

    11th Circ. Allows DOJ To Access Classified Mar-A-Lago Docs

    The Eleventh Circuit on Wednesday granted the U.S. Department of Justice's request for a stay of an injunction blocking prosecutors from reviewing and using classified documents seized at former President Donald Trump's Mar-a-Lago estate in the criminal investigation against him.

  • 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.

Expert Analysis

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Perspectives

    Nonprofit Ruling Is An Important Step For Nonlawyer Practice

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    A New York federal judge’s recent ruling that will allow nonprofit Upsolve to give legal advice to low-income debtors without a license is a positive development for nonlawyer practice, but presents questions about how to ensure similar programs can exist without fighting dodgy constitutional battles, says Ronald Minkoff at Frankfurt Kurnit.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Opinion

    State Crackdown On Deceptive Ads For Drug Suits Is Welcome

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    Advertising aimed at recruiting plaintiffs for drug and medical device litigation can have serious consequences for patients who stop taking needed medicines after viewing the campaigns — so recent efforts by states to curb misleading claims in these ads should be adopted more widely, say Victor Schwartz and Cary Silverman at Shook Hardy.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Opinion

    Calif. Bill On Protective Orders Threatens Privacy Norms

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    California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

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