Business of Law

  • September 27, 2021

    Biden OCC Pick Could Boost Enforcement, Fintech Scrutiny

    President Joe Biden's pick for the top job at the Office of the Comptroller of the Currency has slammed Wall Street's support for Trump-era deregulation as thinly veiled greed, suggested requiring government approval for novel financial instruments and argued for "ending banking as we know it." To what extent will that guide her if she's confirmed?

  • September 27, 2021

    NJ Bar Aims To Limit Disbarment Rule For Misusing Funds

    The New Jersey State Bar Association on Monday called on the New Jersey Supreme Court to limit the state's longstanding disbarment rule to cases where attorneys intended to steal from or defraud clients in knowingly misappropriating their funds, but the chief justice questioned taking such a narrow approach.

  • September 27, 2021

    Brown Rudnick Seeks $8M For Work On Industrial Plant Fight

    Brown Rudnick LLP has sued Christof Industries GmbH for more than $8 million, claiming that the Austrian industrial plant company duped the firm into continuing to represent it in a multimillion-dollar arbitration over an ill-fated construction project after falling behind on its legal fees.

  • September 27, 2021

    Baker McKenzie Appoints New Leaders For AI Team

    Baker McKenzie has appointed the former vice president of Elevate and an existing associate to help lead its new moonshot team, aimed at steering the firm towards an "AI transformation."

  • September 27, 2021

    How Female Criminal Law Attys Face Obstacles To Growth

    Female attorneys who work in criminal law often face obstacles such as limited work schedule flexibility, insufficient training opportunities and a relatively small supply of mentors who can make a difference in their careers, an American Bar Association task force said Monday.

  • September 27, 2021

    BASF, Cahill Gordon To Pay $22.5M Atty Fees In Asbestos Suit

    A New Jersey federal judge on Monday granted final approval to a $100 million settlement to resolve claims that BASF Catalysts LLC's predecessor and its former counsel at Cahill Gordon & Reindel LLP concealed that industrial and commercial talc from a Vermont mine may contain asbestos.

  • September 24, 2021

    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 24, 2021

    Loeb & Loeb, Norton Rose Latest Firms To Delay Reopening

    Loeb & Loeb LLP and Norton Rose Fulbright are the latest BigLaw firms to delay their reopening processes, with Loeb declining to set a new return-to-office date, according to an internal memo obtained by Law360, and Norton Rose pushing its full reopening to early 2022.

  • September 24, 2021

    Law360's Pro Say: Discovery Debacle At Arnold & Porter

    Endo Pharmaceuticals and its attorneys at Arnold & Porter are facing accusations of serious discovery misconduct during opioid litigation across the country, threatening the company with huge liability and the lawyers with reputational damage. On this week's episode of Law360's Pro Say podcast, we break down the growing debacle.

  • September 24, 2021

    Davis Polk Can't Sink Associate's Bias, Retaliation Claims

    A New York federal judge on Friday kept alive some remaining bias and retaliation claims a Black former Davis Polk & Wardwell LLP associate is pursuing against the firm, but again dismissed an allegation that race was a motivating factor in some partners' decision to fire him.

  • September 24, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. Securities and Exchange Commission stepped up efforts to obtain more disclosure on businesses' climate-related risks, and the Federal Trade Commission countered a company's bid to challenge the agency's authority.

  • September 24, 2021

    Atty Gets 9-Month Suspension For Abusing Nonprofit Gig

    A New York appellate court on Thursday handed out a nine-month suspension to an attorney found to have misappropriated funds over three years from a nonprofit organization she founded and whose finances she oversaw.

  • September 24, 2021

    Ex-Dechert Atty Defends His 'Professional' Probe For ENRC

    Neil Gerrard's "dogged" efforts to probe serious allegations of fraud within Eurasian Natural Resources Corp. reflects his professionalism and determination to do his job despite stubborn resistance from the mining company, counsel for the former Dechert partner told a trial Friday.

  • September 23, 2021

    Metal Cos. Can't Duck Ex-Counsel's COVID-19 FMLA Claims

    A pair of Pittsburgh metals companies can't avoid claims that they should've offered a former in-house attorney time off for coronavirus recovery under the Family and Medical Leave Act instead of firing him, after a Pennsylvania federal magistrate judge denied their bid to dismiss his suit.

  • September 23, 2021

    Wilson Sonsini To Reopen Offices In February 2022

    Wilson Sonsini Goodrich & Rosati PC has become the latest BigLaw firm to delay its reopening multiple times amid the rise of the COVID-19 delta variant, pushing back a return to its U.S. offices to February 2022, the firm confirmed Thursday.

  • September 23, 2021

    Slaughter And May Picks Woman To Be 1st Managing Partner

    London-based Slaughter and May has chosen an experienced female litigator to be its first-ever managing partner, the firm said Wednesday, joining a bevy of law firms in the U.S. and U.K. that have recently named women for top leadership roles.

  • September 23, 2021

    Senate Panel Advances Slate For Federal Bench, US Attys

    A Senate panel advanced President Joe Biden's picks for the Fourth Circuit and district courts in Virginia and Connecticut on Thursday, with the nominees all receiving unanimous Democratic backing and varying degrees of Republican support.

  • September 23, 2021

    1st Asian American Woman Confirmed To DC District Bench

    The U.S. Senate confirmed Judge Florence Y. Pan, a former D.C. federal prosecutor who has served on the local D.C. Superior Court since 2009, to the D.C. District Court bench Thursday, making her the first Asian American woman to serve on that court.

  • September 23, 2021

    ENRC Judge Casts Doubt On Gerrard, SFO Conspiracy

    A judge openly questioned Thursday whether Dechert LLP's ex-head of white collar crime conspired with a former Serious Fraud Office director to sap a Kazakh miner for fines and legal fees, saying at trial their motivations appeared to be in conflict.

  • September 22, 2021

    Treasury GC Nominee Takes Heat From Warren Over Recusals

    The Davis Polk partner tapped to be President Joe Biden's top lawyer for the U.S. Treasury Department declined at his confirmation hearing Wednesday to commit to a more extensive recusal from matters involving former clients despite repeated prodding from Sen. Elizabeth Warren, D-Mass.

  • September 22, 2021

    NY Entertainment Dealmaker Launches Boutique Firm

    A former partner from entertainment law firm Franklin Weinrib Rudell and Vassallo PC has struck out on his own, announcing Tuesday the formation of Levy Law PLLC.

  • September 22, 2021

    Judge Says He'd Entertain Recusal Motion In Sussmann Case

    The D.C. federal judge overseeing the case involving a former Perkins Coie LLP lawyer accused of lying to the FBI in the run-up to the 2016 election said Wednesday he and the attorney were "professional acquaintances" in the U.S. Department of Justice decades ago, and he'd entertain a motion to recuse if desired.

  • September 22, 2021

    Litigation Finance Co. Closes 3rd Fund At $682M

    Illinois-based commercial litigation finance company Longford Capital Management LP said Wednesday that it closed its third fund in seven years at $682 million, signaling the continuing growth of the litigation finance industry.

  • September 22, 2021

    UK Legal Firms Say New AML Law Costs Them Nearly $1.3M

    Legal firms in the United Kingdom are sounding the alarm about the price tag and effectiveness of a European Union regulation aimed at preventing financial crime, according to new survey data released on Wednesday.

  • September 22, 2021

    Ex-USPTO Director To Help Cisco Rival Defend $2.7B Award

    Former U.S. Patent and Trademark Office Director Andrei Iancu and others at Irell & Manella LLP have been hired as co-counsel to help Centripetal Networks Inc. fend off Cisco Systems' appeal of a $2.7 billion damages award against the networking giant for infringing four Centripetal patents.

Expert Analysis

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Opinion

    DOJ Accountability Bill Is Flawed And Inadequate

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    The proposed Inspector General Access Act that would allow the U.S. Department of Justice inspector general to investigate allegations of misconduct by DOJ attorneys would do little to increase accountability, and could undermine decades of practiced procedure at the Office of Professional Responsibility, says Steven Wasserman at the National Association of Assistant United States Attorneys.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Why S Corporation Payments Are Almost Always Wages

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    The recent U.S. Tax Court ruling in Lateesa Ward v. Commissioner has employment and income tax lessons about why payments from an S corporation to its sole shareholder are wages and not distributions of profit in most cases, says Bryan Camp at Texas Tech University School of Law.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

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