Business of Law

  • September 22, 2021

    3rd Circ. Judge Smith Stepping Down From Court's Chief Role

    Third Circuit Chief Judge D. Brooks Smith indicated Wednesday that he'll be stepping down from the federal court's helm in anticipation of his 70th birthday, the age limit for the court's top role.

  • September 22, 2021

    Dechert Admits To 'Significant Omission' Over ENRC Texts

    Dechert LLP's failure to disclose former attorney Neil Gerrard's text messages as part of ENRC's lawsuit accusing the white-collar pro of colluding with U.K. prosecutors was "a significant omission," the firm's general counsel said in court documents made public Wednesday.

  • September 22, 2021

    Can US Courts Police Themselves On Workplace Misconduct?

    The judiciary moved swiftly four years ago to address a culture of silence around sexual harassment in judicial chambers. But as the judiciary resists legislation offering more protections, questions persist about whether the courts can police themselves.

  • September 22, 2021

    Gerrard Lied At Trial About ENRC Whistleblower, Atty Says

    Dechert LLP's former head of white-collar crime was caught lying at trial trying to cover up his efforts to expand a probe into his Kazakh mining client and "screw" it for legal fees, lawyers for Eurasian Natural Resources Corp. told a judge Wednesday.

  • September 21, 2021

    Former Public Defender Confirmed To NM District Court

    The U.S. Senate voted along largely partisan lines Tuesday to confirm President Joe Biden's selection of a civil rights and criminal defense attorney for a long-vacant lifetime judgeship at the District of New Mexico. 

  • September 21, 2021

    Wiggin And Dana Elect Managing Partner, New Exec Members

    Connecticut-based corporate litigator and legal community leader Timothy A. Diemand has been elevated to managing partner at Wiggin and Dana LLP, one of several executive committee changes the firm announced Tuesday.

  • September 21, 2021

    Blizzard's Top Atty Departs Amid Legal Tumult At Parent Co.

    Blizzard Entertainment's chief legal officer announced Monday that she has left the World of Warcraft video game company, as Blizzard's parent company faces a slew of legal challenges related to the treatment of women employees and its disclosure of employment issues to shareholders.

  • September 21, 2021

    Simpson Thacher Eases In-Office Targets Ahead Of Reopening

    Simpson Thacher & Bartlett LLP on Tuesday reportedly told attorneys it is moving ahead with fully reopening its U.S. offices in October, but rolling back its expectation that they come into the office at least three days a week.

  • September 21, 2021

    Squire Patton Announces New Global Head, DEI Office

    Squire Patton Boggs announced Tuesday it has promoted a new global managing partner to head up the firm's US LLP, which includes 34 of its 45 international offices.

  • September 21, 2021

    Supreme Court To Debut Mixed Argument Format This Term

    The Supreme Court is returning to open court Oct. 4 for the first in-person arguments since the start of the pandemic, but it's not going back to the old ways of "free-for-all" questioning. Instead, it will incorporate part of its remote hearing format to give the justices time to ask questions in order of seniority at the end of an attorney's argument, the court said Tuesday.

  • September 21, 2021

    Simpson Thacher Opens Brussels Office With Antitrust Focus

    New York-based Simpson Thacher & Bartlett LLP opened the doors of its new Brussels office on Monday with a team of six lawyers to advise clients on European competition law and merger control as well as regulatory issues.

  • September 20, 2021

    DC Circ. Wary Of Court Agency's Political Activity Rules

    The D.C. Circuit seemed skeptical of reinstating policies that would limit federal court employees' ability to engage in a broad range of political speech and activities after work hours, with two judges on Monday challenging the federal judiciary administrative agency's rationale for the sweeping restrictions. 

  • September 20, 2021

    Girardi's Ex-Partners Suffer Setback In Suing Nano Banc

    A California judge on Monday dismissed fraud and other claims brought by former partners of disgraced attorney Thomas Girardi alleging Nano Banc improperly entered into loan agreements with Girardi on a partnership property he used as collateral without their knowledge, but the court ruled the lawyers can amend their complaint and also add new claims.

  • September 20, 2021

    Uber Calls $91M Arbitration Association Fee A 'Ransom'

    Uber sued the American Arbitration Association in New York state court on Monday, saying the ride-hailing giant shouldn't have to pay a $91 million bill, which it calls a "ransom" coordinated by "politically-motivated lawyers" at the "opportunistic" law firm Consovoy McCarthy PLLC.

  • September 20, 2021

    Public Defender Wins Senate Nod For 10th Circ. Seat

    The U.S. Senate confirmed a longtime public defender to the Tenth Circuit along largely partisan lines late Monday, marking a win for President Joe Biden's effort to diversify the professional backgrounds of the federal bench members.

  • September 20, 2021

    Attorneys Accused Of NYC Molotov Attack Take Plea Deal

    Two attorneys accused of firebombing an empty New York Police Department vehicle during racial-injustice protests last year have reached a deal with prosecutors to plead guilty to a single count of making or possessing a destructive device, carrying a maximum of 10 years in prison, people familiar with the negotiations said Monday.

  • September 20, 2021

    Ex-Senior DOJ Official, High Court Clerk Rejoins Jones Day

    A former counselor to ex-Attorney General William Barr has returned to Jones Day as a partner in its Washington, D.C., office, the firm said Monday, the latest attorney to join the BigLaw outfit following a stint in the Trump administration.

  • September 20, 2021

    Fired XFL Commissioner Can't Depose K&L Gates Atty

    Former XFL Commissioner Oliver Luck cannot depose the K&L Gates LLP partner whose investigation allegedly convinced the league to fire him, a Connecticut federal judge said Friday in an order hinting at forthcoming sanctions against Luck for supposedly destroying evidence.

  • September 17, 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 17, 2021

    Evidence Ex-Perkins Coie Atty Lied 'Pretty Weak,' Experts Say

    The indictment against former Perkins Coie LLP attorney Michael Sussmann for allegedly lying to the FBI in a meeting weeks before the 2016 election is on shaky legal footing and reads more like a political document than a criminal charge, legal experts told Law360.

  • September 17, 2021

    Endo's Attys In 'Career-Wrecking' Peril As Opioid Woes Grow

    A flash flood of misconduct inquiries in opioid litigation across the country is rapidly engulfing Endo Pharmaceuticals and threatening to inflict considerable damage on the professional reputations of its Arnold & Porter attorneys, according to legal filings, court proceedings and interviews.

  • September 17, 2021

    Ex-Perkins Coie Partner Pleads Not Guilty To Lying To FBI

    Recently resigned Perkins Coie LLP partner and cybersecurity expert Michael A. Sussmann pled not guilty in Washington, D.C., federal court on Friday to a federal charge of lying to the FBI in the final stretch of the 2016 presidential campaign.

  • September 17, 2021

    LG Counsel Sues ITC For Safeguard Review Access

    South Korea's LG Electronics has sued the U.S. International Trade Commission, arguing that its lawyers are being unfairly locked out of a solar safeguard review because of their previous work on behalf of China at the World Trade Organization.

  • September 17, 2021

    Pro Say: The Tricky Questions Around The Vaccine Mandate

    President Joe Biden ordered sweeping new vaccine requirements last week in an effort to halt the spread of COVID-19's delta variant, potentially affecting as many as 100 million American employees in both the public and private sectors.

  • September 17, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The trend continues that restaurants cannot claim property damage insurance coverage for the presence of COVID-19 particles, while a survey found that the virus has sped up how social and tech forces are reshaping the world's workplaces.

Expert Analysis

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • Opinion

    Calif. Lemon Law Suits: A Problem Of Auto Cos.' Own Making

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    A recent Law360 guest article criticized attorneys who use California's Song-Beverly Act to fight for consumers who have purchased cars with serious defects — but automakers could avoid litigation if they simply followed the law and bought back defective vehicles promptly, says Nancy Peverini at the Consumer Attorneys of California.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Opinion

    It's Time To Fix The Patent System's Gender Problem

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    Recent attention from the U.S. Senate to the gender gap in patent law shows that it's time to rethink qualifying for the patent bar, as well as the educational and business systems that perpetuate outdated stereotypes, say Julie Reed and Marie Weiskopf at Miller Nash.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • 5 Hiring Strategies For Diversifying The Patent Bar

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    Law firms looking to diversify historically male-dominated patent practices should examine their hiring practices, expand their pool of applicants from underrepresented groups, tailor job postings and revamp interview processes, says Elaine Spector at Harrity.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

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