Business of Law

  • August 02, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.

  • August 02, 2024

    SDNY Brass Looks To Future After String Of Courthouse Wins

    A series of high-profile convictions won by federal prosecutors from the Southern District of New York shows the office is pursuing justice for a diverse community without regard for politics, its senior leaders told Law360, adding they intend to continue on that path.

  • August 02, 2024

    Bid To Get Ex-Judge Jones' Phone Records Blocked, For Now

    A Texas judge has temporarily barred JCPenney's bankruptcy administrator from accessing former Judge David R. Jones' cellphone records amid the scandal involving his concealed romantic relationship with an ex-Jackson Walker LLP partner and firm fees he approved in various cases, including JCPenney's bankruptcy.

  • August 02, 2024

    2nd Circ. OKs 33 Months For Ex-DOJ Paralegal's Video Leaks

    In an unpublished opinion Friday, the Second Circuit upheld a former U.S. Department of Justice paralegal's 33-month sentence for helping her gang-affiliated son expose two associates who cooperated with a law enforcement probe into a 2018 robbery.

  • August 02, 2024

    ABA Taskforce Urges Attys To Step Up Election Volunteering

    The American Bar Association's Task Force for American Democracy, launched last year, published a 12-page report Friday outlining the importance of lawyers knowing their state's election laws and encouraging them to volunteer their time to bolster faith in elections.

  • August 02, 2024

    Fla. Atty Cops To Attempted DC Bombing, Explosion In Texas

    A Florida criminal defense attorney pled guilty on Friday to federal charges stemming from an attempted bombing outside the Chinese Embassy in Washington, D.C., in 2023 and the bombing of a satirical sculpture of communist leaders in San Antonio, Texas, in 2022.

  • August 02, 2024

    Bar Exam Rape Disclosure Among ABA Resolutions To Watch

    This coming week at its annual meeting in Chicago, the American Bar Association's policymaking body is expected to discuss the "traumatic" practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

  • August 02, 2024

    Former ABA President, Maynard Cooper Founder, Dies At 74

    Alabama lawyer H. Thomas "Tommy" Wells Jr., the 2008-2009 American Bar Association president and founder of one of the firms that merged to create Maynard Cooper & Gale PC, died Wednesday. He was 74.

  • August 02, 2024

    Manhattan DA Slams Trump's 'Regurgitated' Recusal Bid

    The Manhattan district attorney pilloried Donald Trump's renewed request for the judge overseeing his hush money case to recuse himself, branding it a "regurgitated" attempt to rehash issues the court already decided without any new facts — besides Kamala Harris' presidential bid.

  • August 02, 2024

    Sister-In-Law Ordered To Testify In Hunter Biden Tax Case

    A California federal judge ordered Hunter Biden's sister-in-law, with whom he was romantically involved, and her sister to testify at his upcoming criminal trial in which he is accused of scheming to avoid paying $1.4 million in taxes.

  • August 02, 2024

    Ex-Lewis Brisbois Partner's Pay Bias Suit Sent To Arbitration

    Lewis Brisbois Bisgaard & Smith LLP can arbitrate its former partner's gender discrimination suit claiming she was retaliated against for raising concerns about the firm's "unethical billing practices," a California state court judge ruled Friday, staying the entire case pending arbitration.

  • August 02, 2024

    NYC Courts' $9.5M Accounting Error Quietly Broke The Law

    Internal audits found New York City courts violated state law by failing to turn over $9.5 million to the state treasury — the result of clerks not keeping tabs on public money in recent years.

  • August 02, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The DOJ unveiled its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct — though the rollout didn't come without criticism from attorneys — and a new report determined that class actions accusing companies of deceiving investors about their AI capabilities are on the rise this year.

  • August 02, 2024

    Law360's Legal Lions Of The Week

    Wilkinson Stekloff LLP and Covington & Burling LLP lead this week's edition of Law360 Legal Lions, after a California federal judge overturned a Los Angeles jury's $4.7 billion verdict against the National Football League for violating antitrust laws with its Sunday Ticket television package.

  • August 02, 2024

    Legal Jobs Ticked Down Slightly In July

    The legal industry shed 500 jobs in July, continuing a three-month streak of declines following a gain in April, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.

  • August 02, 2024

    DOJ Sues TikTok For Sweeping Children's Privacy Breaches

    The U.S. Department of Justice on Friday hit TikTok and its parent company with a highly anticipated lawsuit accusing the short-form video app of engaging in "widespread" violations of children's privacy law by collecting a "wide variety" of personal information from kids under 13 without parental consent. 

  • August 02, 2024

    Crowell & Moring Team Flocks To Defend Its Real-Life Mascots

    Some employees from Crowell & Moring LLP, whose mascot is a rubber duck, spent the summer helping to rescue real-life ducklings who were caught in precarious situations on the firm's Washington, D.C., balconies. Here, Law360 Pulse talks to a firm wildlife expert who made it her mission to help the baby Mallards.

  • August 02, 2024

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

    This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • August 01, 2024

    Duane Morris Atty Says White Men Get Unfair Leg Up On Pay

    A Black attorney sued Duane Morris LLP in California federal court, alleging the firm systemically underpaid female and nonwhite attorneys while also engaging in an employee misclassification scheme that allowed it to offload firm expenses onto nonequity partners.

  • August 01, 2024

    Prisoner Swap Includes Russian Convicted Of Insider Trading

    A Kremlin-linked Russian national serving nine years for the largest insider trading case ever prosecuted in the U.S. was among the 24 people freed Thursday in an elaborate prisoner swap that included American journalist Evan Gershkovich and former Marine Paul Whelan.

  • August 01, 2024

    Reed Smith Says NJ High Court Ruling Limits Ex-Atty's Claims

    A recent New Jersey Supreme Court ruling "dramatically changes the landscape and scope" of a former Reed Smith LLP attorney's discrimination suit, the firm has told a state court judge in a brief asking that discovery and damages be limited and one claim be dismissed.

  • August 01, 2024

    Judge Maintains Bulk Of Ex-Rutgers Law Student's Bias Suit

    A New Jersey state judge on Thursday rebuffed for the most part an attempt by Rutgers University to prune a former law student's lawsuit alleging antisemitic discrimination, saying dozens of passages the school sought to excise from the 260-paragraph complaint are relevant to the case.

  • August 01, 2024

    The Top In-House Hires Of July

    Legal department hires over the last month included high-profile appointments at Roku, JetBlue and Harvard University. Here, Law360 Pulse looks at some of the top in-house announcements from July.

  • August 01, 2024

    Georgia Justices Unveil Changes To Bar Exam In 2028

    Georgia law school leaders largely welcomed the state Supreme Court's announcement this week that the state will offer the new Next Generation bar exam and, for the first time in decades, allow third-year law students to sit for the bar exam, calling the move a "game changer" for students to enter the legal profession sooner.

  • August 01, 2024

    DC Panel Wants 2-Year Sanction For Ex-DOJ Atty Jeffrey Clark

    A Washington, D.C., attorney disciplinary panel on Thursday recommended a two-year suspension for former Justice Department official Jeffrey Clark, finding he acted "with truly extraordinary recklessness" when he sought to promote former President Donald Trump's efforts to undermine the 2020 presidential election.

Expert Analysis

  • 12 Summer Reads For White Collar Attorneys

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    Jack Sharman at Lightfoot Franklin recommends 12 books white collar lawyers should read this summer, from French existentialist classics to modern rural noirs, that provide lessons and reflections for one’s legal practice.

  • Ghosting In BigLaw: Why Better Feedback Habits Are Needed

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    Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.

  • Rebuttal

    Law Needs A Balance Between Humanism And Formalism

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    A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

  • Short Message Data Challenges In E-Discovery

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    As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

  • Opinion

    Thomas Report Is Final Straw — High Court Needs Ethics Code

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    As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

  • Joint Representation Ethics Lessons From Ga. Electors Case

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    The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.

  • Lawyer Discernment Is Critical In The World Of AI

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    In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.

  • Roundup

    Prosecutor Pointers

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    As new trends enter the courtroom, this Expert Analysis series features prosecutors' practice tips — some time-tested, some newly updated — for every stage of the jury trial, from voir dire to closing statements.

  • Opinion

    It's Time For Lawyers To Stand Up For Climate Justice

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    The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

  • Don't Forget Alumni Engagement When Merging Law Firms

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    Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.

  • Without Stronger Due Diligence, Attys Risk AML Regulation

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    Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.

  • Every Lawyer Can Act To Prevent Peer Suicide

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    Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

  • Do Videoconferences Establish Jurisdiction With Defendants?

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    What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

  • Generative AI Brings A New Generation Of Legal Issues

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    Aside from ethical and potential bias concerns, the rise of generative artificial intelligence also raises intellectual property infringement and breach of contract issues that will likely be negotiated, navigated and litigated for years to come, say Reeya Thakrar and Ira Kalina at Faegre Drinker.

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