Business of Law

  • 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.

  • September 15, 2022

    Senate Panel Advances DC, 5th Circ. Picks

    The Senate Judiciary Committee advanced President Joe Biden's nominees for the Fifth Circuit and D.C. Circuit on Thursday, adding to the number of judges available for votes in the full Senate as Democrats race to confirm as many nominees as possible before the midterm elections.

  • September 14, 2022

    Fired Uber Atty Tells Jury He Lied To WilmerHale Investigators

    A fired Uber in-house attorney who was given government immunity for testifying in the criminal obstruction trial of former security chief Joseph Sullivan said Wednesday that he lied to the WilmerHale lawyers hired by the company to investigate a massive undisclosed data breach to "protect" Sullivan and the rest of the security team.

  • September 14, 2022

    Del. Judge Sets Hearings About Patent Funding Info Concerns

    Delaware federal Judge Colm Connolly has ordered the owners of six companies that have filed 14 patent cases, nearly all of which have been voluntarily dismissed, to appear in person to address his concerns that they are not complying with standing orders requiring disclosure of their litigation funding and ownership information.

  • September 14, 2022

    Justices Told Cisco Patent Judgment Wrongly Sunk By Stocks

    Centripetal Networks has told the U.S. Supreme Court that the Federal Circuit wrongly negated a nearly $3 billion patent award it won against Cisco due to stock holdings by the judge's wife, saying any conflict was resolved by placing the shares in a blind trust.

  • September 14, 2022

    US Indicts 3 Iranians In Massive Hacking, Ransom Scheme

    The U.S. Department of Justice unsealed an indictment Wednesday charging three Iranian nationals with carrying out cyberattacks on hundreds of victims, including a New Jersey town, electric utility companies in Indiana and Mississippi, and a state bar association.

  • September 14, 2022

    Loews Defends Baker Botts' Boardwalk Pipeline Opinion

    Loews Corp. relied on legitimate legal opinions in 2018 when it bought back its interest in pipeline operator Boardwalk Pipeline Partners LP for $1.5 billion, and a trial court's $689.8 million ruling that found otherwise should be overturned, the company told the Delaware Supreme Court on Wednesday.

  • September 14, 2022

    Former Gov. Cuomo Hit With Sexual Harassment Suit

    A former aide whose sexual harassment allegations against New York Gov. Andrew Cuomo helped lead to his resignation sued him in Manhattan federal court Wednesday, saying he subjected her to sexual innuendo and said a pair of shorts made her look like TV icon Daisy Duke.

  • September 14, 2022

    Ohio Judge Temporarily Blocks 6-Week State Abortion Ban

    An Ohio judge temporarily blocked a state law effectively banning abortions after six weeks, ruling Wednesday that the state's constitution gives women the right to choose whether to have the procedure.

  • September 14, 2022

    Mich. Chief Justice Exiting Top Court To Lead Arb. Association

    Departing Michigan Supreme Court Chief Justice Bridget Mary McCormack will be the next president of the American Arbitration Association-International Centre for Dispute Resolution, the group said Tuesday.

  • September 14, 2022

    Justice Kagan Reflects On Court Legitimacy, Shadow Docket

    U.S. Supreme Court Justice Elena Kagan told law students and faculty at Northwestern University Pritzker School of Law in Chicago on Wednesday that the legitimacy of a court doesn't depend on the popularity of its decisions, but whether it acts like a court.

  • September 14, 2022

    Indiana Federal Chief Judge To Take Senior Status Next Year

    Northern District of Indiana Chief Judge Jon DeGuilio said Monday that he will take senior status next July, opening a seat for President Joe Biden to fill.

  • September 14, 2022

    Pa. Bar Groups Ask 3rd Circ. To Support Atty Anti-Bias Rule

    Three Pennsylvania bar associations have asked the Third Circuit to overturn a ruling by a federal judge that found a new anti-discrimination rule for lawyers violated the First Amendment, calling the decision wrongheaded and based on purely speculative arguments.

  • September 14, 2022

    DOJ Gives Attys More Leeway To Aid Migrants In Deportation

    The U.S. Department of Justice on Wednesday offered more flexibility to immigration attorneys helping unrepresented immigrants in deportation proceedings, allowing lawyers to draft and file court documents without assuming the responsibilities of becoming the immigrants' "practitioner of record."

  • September 14, 2022

    Wealthy Honduran Family Countersues Quinn Emanuel

    Members of one of the wealthiest and most politically connected families in Honduras are countersuing Quinn Emanuel Urquhart & Sullivan LLP, claiming the litigation firm's suit asking for $1.4 million in legal fees is a fraudulent "shakedown" to force them to pay fees they don't owe.

  • September 14, 2022

    Senate Confirms Rhode Island Public Defender To 1st Circ.

    The Senate voted Wednesday to confirm Lara E. Montecalvo, the public defender of Rhode Island, to the First Circuit.

  • September 14, 2022

    UConn Law And Disability Rights Group Establish Legal Clinic

    The University of Connecticut School of Law has partnered with Disability Rights Connecticut to offer a clinic that provides legal advocacy for people with disabilities.

  • September 13, 2022

    More Portions Of Mar-A-Lago Warrant Unsealed By Court

    D.C. federal grand jury subpoenas issued to former President Donald Trump turned up surveillance footage and documents tied to some of the federal government's most sensitive national security operations, according to a newly unsealed version of the affidavit prosecutors used to obtain a search warrant for Trump's Mar-a-Lago estate in Florida.

  • September 13, 2022

    Ken Starr, Who Led Clinton Sex Scandal Inquiry, Dies At 76

    Kenneth Starr, who rose to national prominence in the 1990s for his role as independent counsel leading the impeachment of former President Bill Clinton, died Tuesday at the age of 76 due to complications from surgery, according to a statement from his family.

  • September 13, 2022

    Ill. Watchdog Says Co. Card Misuse Warrants Atty Suspension

    A disciplinary panel for Illinois' attorney watchdog has recommended that Professional National Title Network's former in-house counsel be suspended for three years for charging more than $136,000 to himself on the company's credit card and misrepresenting the amount of money he had paid back during the investigation into his misconduct.

  • September 13, 2022

    Cuomo Lodges Ethics Complaint Against NY AG

    Former New York Gov. Andrew Cuomo lobbed an ethics complaint at state Attorney General Letitia James on Tuesday that alleges she "cynically manipulated a legal process for personal, political gain" in her investigation of sexual harassment claims against him.

  • September 13, 2022

    Baker Donelson Grows Presence In Carolinas With New Office

    Baker Donelson Bearman Caldwell & Berkowitz PC announced that it is increasing its presence in the Carolinas with the launch of a new office in Charleston, South Carolina.

  • September 13, 2022

    Powell, Others Ask 6th Circ. To Ax 'Career-Ending' Sanctions

    Former Trump campaign lawyer Sidney Powell and five other attorneys have accused a Michigan federal judge of discrimination in an appeal to the Sixth Circuit of what they describe as career-ending sanctions stemming from their involvement in a lawsuit challenging the 2020 presidential election results in the Great Lakes State.

  • September 13, 2022

    Duane Morris To Merge With Bicoastal Employment Boutique 

    Duane Morris LLP said Tuesday that it will add 18 attorneys through a merger with bicoastal labor and employment boutique Curley Hurtgen & Johnsrud LLP, significantly expanding its capabilities in the employment sector.

  • September 13, 2022

    Microsoft Honored For 'Gold Standard' Diversity Efforts

    The Minority Corporate Counsel Association has picked Microsoft Corp. as the national winner of its 2022 Employer Choice Award for its approach to diversity and inclusion.

Expert Analysis

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • How To Keep Data Breach Investigation Reports Confidential

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    Recently, some courts have resisted providing data breach investigation reports the same continuing confidentiality protections typical of other internal investigation findings, but there are steps companies can take to increase the chances such reports will be protected as work product or attorney-client privilege, say Noah Gillespie and Kelly Koscuiszka at Schulte Roth.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • How Law Schools Can Navigate Toward Equity And Inclusion

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    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • How To Avoid Prematurely Publicizing A Case Outcome

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    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • What Legal Industry Evolution Means For Tribes

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    Native American tribes will likely see some significant shifts in how legal services are rendered between attorneys and clients, as the broader legal industry adopts enhanced technology and accessibility initiatives, says Stephen Ward at Conner & Winters.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct

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    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

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    Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

  • Perspectives

    ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • Opinion

    Remote Hearings Should Be The Default In Civil Litigation

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    The Federal Rules of Civil Procedure impose an affirmative duty on courts to eliminate undue cost, so remote hearings should be the default in civil litigation even after the pandemic, while in-person hearings must justify their existence, says Joshua Sohn at the U.S. Department of Justice.

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