Business of Law

  • September 16, 2022

    Mar-A-Lago Special Master Is Up To Task, Ex-Clerks Say

    The special master in the fight over the documents seized at former President Donald Trump's Mar-a-Lago estate will have to step into the middle of a political maelstrom, but former clerks and others who know the New York federal judge tapped for the job say there's no one better suited to the task.

  • September 16, 2022

    Apple Tells Startup's Attys To Drop The 'Props' For Retrial

    Apple's lawyers took issue with alleged tactics used in a $42 million patent trial earlier this year and have asked a California federal judge to stop attorneys for a startup from showing up at a retrial armed with "props" like "a vivid red … binder with Apple's logo and a label saying 'Apple's Admissions.'"

  • September 16, 2022

    Perkins Coie Atty Tells Jury Plane Parts Exec Skipped Depos

    The co-chair of Perkins Coie's white collar practice took the stand Friday in a Belgian aircraft parts reseller's $15 million criminal fraud trial, telling Manhattan federal jurors that the defendant missed four depositions in related civil litigation the attorney worked on while at a previous firm.

  • September 16, 2022

    DOE Doesn't Want Fla. Law School Title IV Case Reconsidered

    The U.S. Department of Education has urged a federal court not to rethink its dismissal of a Florida for-profit law school's bid to reinstate its eligibility to receive federal student loans.

  • September 16, 2022

    Pro Say: The Dark Side Of High-Profile Litigation

    Litigants and lawyers involved in bringing high-profile lawsuits are increasingly facing threats and harassment, which is bad enough on its own but becomes even worse when it stops people from turning to courtrooms in the first place or impacts the cases that do get filed.

  • September 16, 2022

    BakerHostetler Blasts 'Misguided' Subpoena In Board Battle

    BakerHostetler urged the Delaware Chancery Court on Friday to reject biopharmaceutical company AIM ImmunoTech Inc.'s request for it to turn over documents in litigation over an alleged entrenchment effort by the company's board, calling the bid an "attempt to circumvent well-established case law precedent."

  • September 16, 2022

    Williams & Connolly Partner, Wife Owe $7M In Taxes, Feds Say

    A partner at the D.C. litigation firm Williams & Connolly LLP and his wife are accused of owing nearly $7 million in unpaid income tax liabilities going back more than two decades, according to a complaint by the U.S. government.

  • September 16, 2022

    Ropes & Gray Designates 3 Days Lawyers Must Be In Office

    Ropes & Gray LLP will require all firm lawyers to work from the office on its "anchor days" of Tuesday, Wednesday and Thursday starting the week of Oct. 3, ending a more flexible remote work policy, according to an internal memo made public Friday.

  • September 16, 2022

    ALA Hires New Executive Director

    The Association of Legal Administrators has hired a new executive director to help carry out its mission of providing professional development and business partner connections to managers of law firms, corporate legal departments and government legal agencies.

  • September 16, 2022

    Departing Mich. Chief Justice Calls For More Diverse Bench

    Michigan Supreme Court Chief Justice Bridget McCormack, set to lead a major arbitration group next year, called Friday for younger and more diverse appointments to the Michigan Supreme Court as Gov. Gretchen Whitmer decides whom she will select as her replacement.

  • September 16, 2022

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The Department of Justice issued new policies for corporate crime enforcement, and the Federal Trade Commission vowed to crack down on companies that use "dark patterns" designed to trick or manipulate consumers into buying products or sharing their personal information. These are some of the stories in corporate legal news you may have missed in the past week.

  • September 16, 2022

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

    The past week in London has seen the London Metal Exchange face fresh legal action over its nickel trading halt, Amnesty International sue its own arts organization over trademark licensing, and a Dutch transport technology company begin legal proceedings against Vivarail over a contract working on London Underground trains. Here, Law360 looks at these and other new claims in the U.K.

  • September 15, 2022

    Deputy AG Reveals New DOJ Corporate Enforcement Strategy

    Deputy Attorney General Lisa Monaco on Thursday unveiled a series of new U.S. Department of Justice policies for corporate crime enforcement, warning cooperating companies not to slow-walk disclosures, telling prosecutors to speed things up and expanding self-reporting programs across the department.

  • September 15, 2022

    10th Circ. Says Ex-Magistrate Judge Was Abusive To Staff

    A former New Mexico federal magistrate judge created an abusive and hostile work environment by making derogatory statements about her staff, frequently threatening to fire them and engaging in "unpredictable and hypercritical outbursts," according to an order published Wednesday by the Tenth Circuit's Judicial Council.

  • September 15, 2022

    Fla. Judge Rejects DOJ Bid For Stay In Mar-A-Lago Case

    A Florida federal judge on Thursday rejected the U.S. Department of Justice's request to allow further agency review of classified records seized from former President Donald Trump's Mar-a-Lago estate, saying she is not yet ready to agree with the government that the documents are still classified and that Trump has no plausible claim of privilege to any of them.

  • September 15, 2022

    SC Watchdog Can Dispute State's $75M Fee To 2 Law Firms

    A South Carolina government watchdog does have the right to challenge a $75 million contingency fee two Columbia law firms received after negotiating a $600 million settlement on behalf of the state, the state's Supreme Court has ruled.

  • September 15, 2022

    Facebook Judge Rips Gibson Dunn Atty's 'Abominable' Depo

    U.S. District Judge Vince Chhabria appeared open Thursday to sanctioning Facebook and Gibson Dunn & Crutcher LLP in multidistrict litigation over the Cambridge Analytica data harvesting scandal for what he described as "abominable" deposition misconduct and their pattern of "pouncing" on alleged ambiguities to delay discovery into "obviously responsive materials."

  • September 15, 2022

    Ohio Chief Justice Blasts GOP Leaders Over Voting Maps

    Retiring Ohio Chief Justice Maureen O'Connor used her parting address on Thursday to lambaste her fellow Republican leaders who thumbed their noses at the court's rejection of voting maps it repeatedly said were unlawfully gerrymandered, and said she would try after retirement to prevent it from happening again.

  • September 15, 2022

    Pillsbury Partner Among 3 New US Atty Picks In Fla., ND

    President Joe Biden tapped three nominees for U.S. Attorney in Florida and North Dakota on Thursday, including a Miami-based partner from Pillsbury Winthrop Shaw Pittman LLP.

  • September 15, 2022

    Jan. 6 Defendants Didn't Obstruct Congress, DC Circ. Told

    Three U.S. Capitol riot defendants have urged the D.C. Circuit to uphold a lower court's rulings dismissing obstruction of Congress charges against them, contending that the U.S. Department of Justice is trying to improperly apply a prohibition on destroying documents to actions they took during the storming of the building.

  • September 15, 2022

    Conn. Court Staff Shortages, Virtual Cases Fuel Merger

    After over two years of consolidating cases from Connecticut's Norwalk Superior Court to Stamford Superior Court, the Connecticut Judicial Branch has decided to permanently merge the two courts, citing staffing shortages and the increase in virtual proceedings.

  • September 15, 2022

    Law Prof Wants U. Of Idaho Sanctioned For Records Spoilage

    A law professor at the University of Idaho College of Law told a federal judge on Tuesday that the university should be sanctioned for destroying records relevant to her discrimination and retaliation claims against the school and two of its deans.

  • September 15, 2022

    Lawyers Join In Reimagining Role Of Public Companies

    Speakers cited everything from the late Queen Elizabeth's commitment to the environment to the founder of Patagonia giving away his $3 billion company, but the focus of Thursday's daylong conference at Harvard Business School was dialogue and debate on how companies can best serve their shareholders and the world at the same time.

  • September 15, 2022

    Boy Scouts Plan Confirmed, Cineworld Hits Ch. 11

    The Boy Scouts of America obtained approval for its Chapter 11 plan, the world's second-largest movie theater chain hit bankruptcy, and an examiner was appointed in the Celsius Network cryptocurrency case to investigate management's prepetition conduct. This is the week in bankruptcy.

  • September 15, 2022

    Senate Confirms District Judge Merriam To 2nd Circ.

    The Senate voted to confirm U.S. District Judge Sarah A.L. Merriam to the Second Circuit on Thursday, elevating her to the appellate court less than a year after senators approved her nomination to the District of Connecticut.

Expert Analysis

  • As Cyber Risks Surge, Remember Attorneys' Ethical Duties

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    The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.

  • Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

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    Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

  • Series

    Embracing ESG: Uber Counsel Talks Safety Standards

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    Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

  • Opinion

    Prospectively Appointing Jackson To High Court Is Unlawful

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    President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.

  • Strategies To Help Close IP Law's Long-Standing Gender Gap

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    While women comprise 37% of licensed attorneys, they represent just 17% of patent attorneys, and awareness by corporations and law firms of this kind of statistical information, along with incentives and transparency, can help bring about meaningful change, say Irene Liu at Hopin, Robin Preble at Target and Megan Redmond at Erise IP.

  • Perspectives

    Time To Fix Legal Industry's Environmental Pro Bono Problem

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    As we observe Earth Month, it's sobering to note that pro bono environmental law work lags behind other practice areas — but the good news is that there are numerous organizations that can help lawyers get connected with environment-related pro bono projects, says Matthew Karmel at Riker Danzig.

  • Remembering An Underappreciated Legal Skill — Listening

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    Education around listening skills is often neglected amid the dominance of visual media and written communication, and failed lawyering often comes down to an inability to listen accurately, so educators and law firms must prioritize the skill in their training programs, says James Flynn at Epstein Becker.

  • Attorneys Can Promote Trade, Security Amid Global Conflict

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    As nations take sovereign action to fight Russia’s aggression against Ukraine and the international rule of law, attorneys can combine their legal and business tools to help the global systems of trade and security in these troubled times, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

  • Series

    The Future Of Legal Ops: Reining In Outside Counsel Costs

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    In-house legal departments are under increasing pressure to control spending on outside counsel, but traditional cost-cutting methods — law firm panels, alternative fee arrangements and alternative legal service providers — are limited, making it necessary to establish a more competitive law firm engagement process, say John Burke and Vincenzo Purificato at UBS.

  • When Congress Seeks Cos.' Nonpublic Info From Regulators

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    Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.

  • In Early Mediation, Negotiate With Empathy, Not Threats

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    With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

  • How Antitrust Enforcers Might Think Like Plaintiffs Lawyers

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    As government antitrust enforcement lawyers make the most of the limited resources available to them, the experience and thinking of plaintiff attorneys on priorities, goal-setting and other matters could be worth exploring, says Barry Barnett at Susman Godfrey.

  • Addressing Problematic Drinking In The Legal Profession

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    To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

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