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Business of Law

  • November 15, 2018

    McConnell, McGahn Tout Their Success Reshaping Judiciary

    Senate Majority Leader Mitch McConnell and former White House Counsel Don McGahn received a hero’s welcome at the Federalist Society’s annual dinner Thursday night as they discussed how the two turned the Trump presidency into the most effective conservative judge-making machine in history.

  • November 15, 2018

    Growing Privacy Laws Raise GCs' Fears Of Legal Exposure

    As the global patchwork of data protection and cybersecurity laws continues to expand, companies are feeling more exposed than ever to legal disputes over these issues and are spending more time thinking about how to balance their discovery obligations with these new privacy rules, a recent survey of corporate counsel released Thursday by Norton Rose Fulbright has found. 

  • November 15, 2018

    Dewey Drama Takes Unexpected Twist With Ex-CFO's Jailing

    The long saga of failed BigLaw firm Dewey & LeBoeuf LLP took another dramatic twist Thursday when a New York judge threw the firm's former chief financial officer in jail briefly for not paying his $1 million criminal fine, leaving some lawyers shocked.

  • November 15, 2018

    Deja Vu: Recount Veterans Back At It In Florida

    The recount gang is back together, as attorneys who cut their teeth on the 2000 Bush v. Gore recount in Florida are now at it again in the three statewide recounts currently underway that attorneys hope will proceed more smoothly than the last time, thanks to legislative reforms enacted as a response to the 2000 election. Here’s a look at the key players and their legal teams in the Florida recount battle of 2018.

  • November 15, 2018

    Senate Dems Push AG Whitaker Oversight, Mueller Protection

    President Donald Trump's appointment of acting Attorney General Matt Whitaker faced increasing bipartisan headwinds Thursday, as Senate Judiciary Committee Democrats sought to haul him in for a hearing and a bipartisan group of senators threatened to choke off judicial confirmations over a bill to protect Special Counsel Robert Mueller.

  • November 15, 2018

    Fish & Richardson Selects China For 2nd Global Office

    Fish & Richardson PC will make its first foray into China with an outpost in the technology hub of Shenzen, its second international office after Munich, after securing approval from China's Ministry of Justice to open a representative office, the intellectual property powerhouse announced Thursday.

  • November 15, 2018

    Sen. Lee Slams Dems On Kavanaugh At Federalist Gathering

    Sen. Mike Lee, R-Utah, kicked off the Federalist Society’s annual lawyers convention Thursday by lambasting Democrats’ opposition to Justice Brett Kavanaugh as retribution “for Merrick Garland’s nomination,” while also characterizing the dysfunction in Washington as an opportunity for local and state governments to pick up the slack.

  • November 15, 2018

    Law360's Weekly Verdict: Legal Lions & Lambs

    Kirkland & Ellis LLP is this week’s top legal lion after securing major wins for Johnson & Johnson and Ranbaxy, while Dallas-based Allen Law Group ended up as a legal lamb after a jury ordered its trucking company client to pay $260 million in a wrongful death suit.

  • November 15, 2018

    Ex-Dewey CFO Jailed For Failing To Pay $1M Fraud Fine

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Thursday was taken into custody and led away from a Manhattan courtroom in handcuffs after failing to make good on the $1 million fine he was sentenced to pay following his fraud conviction last year.

  • November 14, 2018

    Ex-Paul Weiss, Munger Atty Tapped For Calif. High Court

    California Gov. Jerry Brown on Wednesday picked his own senior adviser, who previously worked at both Munger Tolles & Olson LLP and Paul Weiss Rifkind Wharton & Garrison LLP, to fill an associate justice seat on the California Supreme Court.

  • November 14, 2018

    Avenatti Arrested On Felony Domestic Violence Charge

    Michael Avenatti, the attorney representing adult film actress Stormy Daniels in her now-dismissed defamation suit against President Donald Trump, was arrested on a felony domestic violence charge, the Los Angeles Police Department said Wednesday.

  • November 14, 2018

    White & Case Revamped Parental Leave Policy For 2018

    White & Case LLP rolled out a new parental leave policy in 2018 for its U.S. offices that offers 12 weeks of paid leave to all legal and business employees regardless of their gender, the firm confirmed on Wednesday.

  • November 14, 2018

    9th Circ. Creates New Role To Tackle Workplace Harassment

    In a first for the federal judiciary, the U.S. Court of Appeals for the Ninth Circuit has created the new position of director of workplace relations to confront workplace harassment issues in the appellate, trial and bankruptcy courts within the circuit’s jurisdiction.

  • November 14, 2018

    Ex-Dewey Exec Trying To Ax $1M Fine Deserves Jail, DA Says

    Counsel for Dewey & LeBoeuf LLP's former chief financial officer will square off Thursday in Manhattan with prosecutors who claim the ex-executive should be jailed after asking a New York state judge to toss or reduce the $1 million fine he was sentenced to pay following his fraud conviction last year.

  • November 14, 2018

    Law Firm Leaders: Brownstein Hyatt's Adam J. Agron

    Brownstein Hyatt Farber Schreck LLP managing partner Adam J. Agron spoke to Law360 in the final year of his six-year tenure as firm leader about the challenges facing the legal industry and why he believes the Denver-based firm is well positioned to grow its success.

  • November 14, 2018

    Most Law Firms' Cybersecurity Not Up To Par As Risk Grows

    Most law firms are underprepared for cybersecurity threats, despite a sharp spike in cyberattacks against the industry in 2017, according to a new report from information technology consulting firm LogicForce. 

  • November 14, 2018

    In Leap To Plaintiffs Boutique, Munger Vet Makes Rare Move

    It's uncommon for attorneys to jump from the world of defending corporations in bet-the-company litigation to pursuing those same suits, but former Munger Tolles & Olson LLP partner Marc Dworsky has made that 180-degree turn and says he's thrilled with the decision.

  • November 14, 2018

    5 Law Firms Named The Savviest At Social Media Marketing

    Five BigLaw firms have been named the savviest at social media marketing this year in a report released Wednesday that compares the Twitter, Facebook, LinkedIn and online thought-leadership skills of the largest firms in the United States.

  • November 13, 2018

    7th Circ. Says E-Filing Access Suit Belongs In State Court

    The Seventh Circuit on Tuesday reversed an Illinois federal judge's decision forcing a Cook County court clerk to make electronically filed complaints immediately available to reporters, finding that Courthouse News Service’s suit was inappropriate for federal courts to take on and should have been filed in state court.

  • November 13, 2018

    Top Securities Atty Ditches Tesla In The Wake Of SEC Deals

    One of Tesla Inc.'s top securities lawyers has left the Silicon Valley-based electric car maker, less than two months after Tesla and its CEO Elon Musk agreed to pay the U.S. Securities and Exchange Commission $20 million apiece to resolve securities fraud claims.

Expert Analysis

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Employment Litigation And Jury Opinions In A #MeToo World

    Ellen Brickman

    Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of discrimination and harassment claims, especially in the current political climate. To understand that role better, we undertook a survey of registered voters in New York and Los Angeles, say Ellen Brickman and Chad Lackey of DOAR Inc.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Opinion

    Judges Shouldn't Force Attorneys On Absent Class Members

    J.B. Heaton

    U.S. District Judge Manish Shah of the Northern District of Illinois recently said he will consider lead firms’ willingness to put young and diverse attorneys in positions to take substantive roles in the multidistrict litigation he is overseeing. This is an improper use of judicial power, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.