Business of Law

  • August 03, 2020

    15 Minutes With Morehouse College's General Counsel

    Morehouse College's recent announcement to continue with virtual learning for the fall semester during the ongoing pandemic was not an easy choice, said general counsel Joy White. Here, she explains more about the decision and its impacts at the historically Black men's college, and how she has adjusted to working from home.

  • August 03, 2020

    Judge Salas Pleads For Judicial Protections After Shooting

    A federal judge in New Jersey whose son was killed and husband gravely injured in an ambush at her doorstep in July called for stronger privacy protections for jurists on Monday in her first public comment since the shootings in North Brunswick.

  • August 03, 2020

    EY Says 72% Of In-House Depts. Outsource To Non-Law Firms

    Nearly three-quarters of in-house legal departments are currently outsourcing legal services such as contract management and guidance on employment law to external non-law firm providers, according to a report released Monday by EY Law.

  • July 31, 2020

    BigLaw Brings Brawn To Racial Justice Protest Suits

    Perkins Coie, Gibson Dunn and other BigLaw firms have jumped into racial justice battles in recent weeks, backing organizations and individuals who assert the Trump administration and local authorities are violating the U.S. Constitution in their response to protests over the killings of George Floyd and Breonna Taylor.

  • July 31, 2020

    Judges Warn Partisan Attacks Undercut Their Independence

    Recent political attacks that have destabilized the Polish judiciary and democracy serve as a warning as the U.S. grapples with an uptick in partisan attacks that also threaten to undermine judicial independence, according to jurists on an American Bar Association panel.

  • July 31, 2020

    COVID-19 Threatens To Worsen US Legal Deserts

    Nearly half of the United States' counties have fewer than one attorney for every resident and the coronavirus pandemic threatens to intensify the rural area-centered problem of "legal deserts," according to panelists at a recent American Bar Association conference.

  • July 31, 2020

    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.

  • July 31, 2020

    US Soccer Hires New GC After Pay Gap Suit's 'Skill' Defense

    U.S. Soccer said Friday it has hired a new chief legal officer to replace the former general counsel, who resigned after the organization made the now-retracted argument in a pay equity suit from members of the U.S. Women's National Team that women earned less than male players because they're less skilled.

  • July 31, 2020

    Law360's Pro Say: Bar Exam Chaos

    COVID-19 has made a mess of the bar exam, creating months of uncertainty and delays, fears of testing site outbreaks and technological breakdowns — and a radical new push to scrap the whole thing.

  • July 31, 2020

    Justice Ginsburg Out Of Hospital After Stent Revision

    U.S. Supreme Court Justice Ruth Bader Ginsburg was discharged from a New York City hospital Friday after a "minimally invasive" procedure earlier this week to fix a bile duct stent, according to a statement from the high court.

  • July 31, 2020

    NJ Shooting Spotlights Darker Side Of Judicial Careers

    The fatal shooting at U.S. District Judge Esther Salas' New Jersey home is a somber reminder of the job hazards in one of the nation's busiest court systems, where menacing letters, suspicious packages and smuggled weapons are the more chilling moments recalled by jurists who served on the Garden State's benches.

  • July 31, 2020

    Georgia Business Court To Bring Timely Relief In Pandemic

    Georgia is launching a statewide business court in August, modeled on those in Delaware and North Carolina, and its state-of-the-art remote technology and clear docket are expected to help ease the strain of pandemic-era litigation.

  • July 31, 2020

    DC Top Court Mulls Letting Law Grads Skip Bar Exam

    The D.C. Court of Appeals is considering whether to allow law school graduates to obtain a D.C. bar license and begin practicing law without taking an exam due to ongoing concerns about in-person testing and health risks associated with the coronavirus pandemic.

  • July 31, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A new survey has shown most employers are not pursuing employee waivers as a way to limit their COVID-19 liability, Nike Inc. is facing a proposed class action alleging the company's mask mandate discriminates against deaf and hard-of-hearing people, and OSHA is changing how it processes employee medical records.

  • July 31, 2020

    Be 'True To Yourself': Female Attys Say It's Time To Speak Up

    Despite the growing movement toward diversity and inclusion in the legal profession, female lawyers speaking at a New York City Bar Association and New York Women's Bar Association panel said they are still facing some of the same obstacles they encountered years go, but this time they are speaking up about them.

  • July 31, 2020

    Paul Weiss Nabs 2 More Boies Schiller Partners

    Paul Weiss Rifkind Wharton & Garrison has snagged two Boies Schiller Flexner LLP partners, one of them headed to a new firm office planned for northern California, as high-level partner departures from the litigation boutique continue amid its restructuring.

  • July 30, 2020

    Jenner & Block Slams Landlord's 'Evasive Tactic' In Rent Fight

    Jenner & Block LLP's Chicago landlord, which alleges in Illinois state court that the firm is $3.7 million behind on its rent while its office space goes largely unused because of the COVID-19 pandemic, is wasting the court's time with its attempt to nix testimony from the landlord's lease negotiator, the firm said Wednesday.

  • July 30, 2020

    Climate Change Will Impact Your Legal Practice, Panel Says

    If climate change is not already impacting an attorney's legal practice it will inevitably do so in the future, affecting a wide range of legal areas from corporate disclosures to litigation over natural disasters and supply-chain disruption, a panel of experts said Thursday.

  • July 30, 2020

    LSAT Tech Glitch Causes 'Small Number' Of Lost Scores

    A "small number" of test scores from the Law School Admission Test administered this month have disappeared due to a technical glitch that affected the online exam, the group behind the test said Thursday.

  • July 30, 2020

    PG&E Names Old Legal Hand To Take Over As GC

    Pacific Gas and Electric Co. has appointed a former interim CEO as its new top lawyer as part of its latest management shakeup, which came about a month after the utility emerged from Chapter 11 bankruptcy and pled guilty to starting a wildfire in California that killed 84 people.

  • July 30, 2020

    Cohen Gets Feds' OK For Home Confinement And Trump Book

    President Donald Trump's former lawyer Michael Cohen has reached an agreement with federal prosecutors that would allow him to serve out his remaining prison sentence from home and also publish a forthcoming book about the president, according to a joint bid for approval filed in New York federal court Thursday.

  • July 30, 2020

    Ethics Panel Drops Plan To Ban Memberships For Judges

    The federal judiciary's ethics panel has dropped a controversial proposal that would have told judges to leave the right-leaning Federalist Society and the left-leaning American Constitution Society, according to a Thursday memo to federal judges.

  • July 30, 2020

    Pa. Bar Association Board Recommends Diploma Privilege

    The Pennsylvania Bar Association's governing board recommended Wednesday that the state allow this year's crop of law school graduates to begin practicing law without sitting for the bar exam, in light of the ongoing threat of the coronavirus.

  • July 30, 2020

    Coronavirus Litigation: The Week In Review

    The Trump administration can't launch its controversial immigrant wealth test while the country continues to grapple with the coronavirus pandemic, Simpson Thacher & Bartlett LLP hit its New York office landlord with an $8 million suit demanding a rent abatement due to COVID-19, and a Los Angeles health food store agreed to pay $20,000 to resolve claims it peddled radish paste as a product that protects against coronavirus.

  • July 30, 2020

    'Money Talks': Breaking Barriers For Female Attys Of Color

    Female attorneys of color who spoke on a virtual panel at the American Bar Association's annual meeting Thursday want law firms to know that the best way to promote diversity and inclusion among their ranks is to put their money where their mouth is.

Expert Analysis

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Q&A

    Coping With A Pandemic: Trial Lawyer Mark Beck

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    As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Pasadena-based Mark E. Beck, founder of Beck Law PC specializing in white collar criminal defense and investigations.

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