Business of Law

  • 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.

  • September 13, 2022

    To Beat Twitter, Musk Must Scale Del.'s Contract Law Mountain

    Elon Musk must scale a mountain of "contractarian" jurisprudence in Delaware to escape his $44 billion commitment to buy Twitter Inc., experts say, as only one case has ever had a party successfully claim that conduct, fraud or disclosure failures justified a "material adverse effect" walkaway.

  • September 13, 2022

    Hogan Lovells Adds Former Veteran Federal Prosecutor In NY

    Hogan Lovells announced Monday that a former prosecutor from the Southern District of New York has joined the firm as a partner in its investigations, white collar and fraud practice.

  • September 13, 2022

    Senate Declines To Confirm 3rd Circ. Pick

    The Senate voted against Arianna J. Freeman's nomination to the Third Circuit on Tuesday in an unexpected setback for Democrats, with three senators absent from the closely divided vote.

  • September 13, 2022

    Waco IP Atty Calls Pilot License His 'Secret Weapon'

    Munck Wilson Mandala LLP partner David Henry has made his personal plane and flying services central to his patent litigation practice in Waco, Texas, where he set up shop long before it became a patent hotspot.

  • September 13, 2022

    Taylor English Keeps Up Growth Streak, Adds NC-Based Firm

    Taylor English Duma LLP announced on Tuesday it's venturing into North Carolina as it brings on the Charlotte-based Gorman & Associates, including its founder and two additional attorneys, in what will become only the firm's second physical office outside its Atlanta headquarters.

  • September 13, 2022

    Americans' Civics Knowledge Decreased In 2022

    The percentage of Americans who could name all three branches of the federal government and the rights guaranteed by the First Amendment decreased from 2021 to 2022, according to the results released on Tuesday from the Annenberg Public Policy Center's annual civics survey.

  • September 13, 2022

    Ogletree Deakins Opens 2nd Ohio Office In Columbus

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has opened a new office in Columbus, its second location in Ohio, the firm announced Tuesday.

  • September 13, 2022

    Litigation Funding Regulation Gets EU Parliament Support

    European lawmakers on Tuesday voted overwhelmingly in favor of introducing a new regulatory framework to prevent abuses caused by third-party-funded lawsuits, teeing up the bloc's executive to introduce formal proposals.

  • September 12, 2022

    Texas Woman Threatened To Kill Mar-A-Lago Judge, Feds Say

    A Texas woman has been arrested and charged after she allegedly made death threats to the Florida federal judge overseeing former President Donald Trump's lawsuit over the FBI search of his Mar-a-Lago estate, according to case docket entries made Monday in federal court in the Lone Star State.

  • September 12, 2022

    Ex-Trump Adviser Navarro's Additional Discovery Bid Denied

    A D.C. federal judge ruled Monday that former Trump White House trade adviser Peter Navarro fell "well short" of proving he needs additional discovery to defend himself against criminal contempt charges for defying a congressional subpoena related to the Jan. 6, 2021, attack on the U.S. Capitol.

  • September 12, 2022

    SC Atty Accused Of Soliciting Employees For Sex

    A former employee of a South Carolina law firm filed a federal lawsuit accusing one of its founding partners of sexual assault and harassment, soliciting his employees for sex, and having sex workers, clients and tenants of his real estate properties perform sex acts on him in the office during work hours.

  • September 12, 2022

    Wash. Judge Reprimanded For Using N-Word In Zoom Meeting

    A Washington state judge has been reprimanded by the state's judicial conduct commission for using the N-word during a Zoom videoconference call with court staff and for referring to a court employee who is Black as someone who "loves watermelon."

  • September 12, 2022

    Senate Confirms US District Judge Mendoza To 9th Circ.

    The U.S. Senate voted 46-40 Monday to confirm U.S. District Judge Salvador Mendoza Jr. to the Ninth Circuit, making him the 80th federal judge to be approved since President Joe Biden took office.

  • September 12, 2022

    NY State Bar Launches Task Force To Study Cryptocurrencies

    The New York State Bar Association announced Monday the launching of a task force to make recommendations on how virtual currencies and digital assets should be regulated within New York, while also studying how the technologies can help the state's legal community.

  • September 12, 2022

    Wells Fargo Tells Counsel In Lending Bias Suit To Wait

    Wells Fargo urged a California federal court not to tap two civil rights firms as interim lead counsel in a proposed class action alleging discriminatory lending practices, arguing that the court first needs to decide whether to consolidate similar cases against the banking giant.

  • September 12, 2022

    NYC Atty Seeks No Prison Time Over Molotov Cocktail

    Counsel for a Bronx attorney who admitted throwing an incendiary device at an empty police car in Brooklyn during protests in 2020 argued Friday that the incident was uncharacteristic of her, and that she shouldn't serve any further jail time.

  • September 12, 2022

    Ex-Elliott Greenleaf Atty Seeks Do-Over On $11M Fee Denial

    A former Elliott Greenleaf PC attorney claimed a Pennsylvania judge got it wrong with an opinion denying him a cut of an $11 million referral fee, arguing in a post-trial brief that the client he referred had been hospitalized and unable to object to the referral deal as required by the state Rules of Professional Conduct.

  • September 12, 2022

    Trump Lawyers Reject DOJ's Mar-A-Lago Doc Review Limits

    Attorneys for former President Donald J. Trump urged a federal judge on Monday to reject the U.S. Department of Justice's call to allow further agency review of classified records recovered from Trump's Mar-a-Lago estate and bar disclosure of the records to a court-appointed special master for review.

  • September 12, 2022

    Calif. Committee Seeks Input On Judges Consulting Judges

    A California Supreme Court ethics committee is asking the public to weigh in on how much judges should consult with other judges on a case.

  • September 09, 2022

    Trump, DOJ Lodge Dueling Mar-A-Lago Special Master Picks

    Former President Donald Trump and the U.S. Department of Justice on Friday proposed competing candidates to serve as the special master tasked with examining documents seized from Trump's Mar-a-Lago estate, as well as dueling proposals for the review's scope and procedures.

  • September 09, 2022

    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 09, 2022

    Roberts Seeks Return To Normalcy: 'More Normal, The Better'

    Chief Justice of the United States John Roberts reflected on the "unusual" and "difficult" past year the court has endured while addressing judges and attorneys at the 10th Circuit judicial conference in Colorado on Friday evening, saying "it was gut-wrenching to drive into a Supreme Court with barricades around it."

  • September 09, 2022

    Elon Musk Says Twitter Whistleblower Deal Also Tanks Merger

    Elon Musk said Friday that a $7.8 million payment Twitter Inc. made to a whistleblower who flagged purported security concerns at the social media company is yet another reason Musk should be allowed to terminate his $44 billion agreement to acquire Twitter.

  • September 09, 2022

    Inside The Collapse Of A Pioneering Opioid Case For DOJ

    The U.S. Department of Justice launched a "terribly flawed" criminal case against a drug distributor and several individuals amid pressure to alleviate Appalachia's opioid crisis, and a newly confirmed U.S. attorney displayed "courage and guts" by ending the case last month, defense counsel told Law360 in an expansive interview.

Expert Analysis

  • Attorneys Today Need To Depose Like There's No Tomorrow

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    With people leaving the workforce in droves amid the “Great Resignation” and with younger workers less inclined to stay in one place for long, attorneys need to adjust their deposition strategies to minimize risks of losing crucial witnesses who may move on from a client or opponent company before a case goes to trial, say Anthony Argiropoulos and Maximilian Cadmus at Epstein Becker.

  • How Attorneys Can Ethically Terminate A Client Relationship

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    As illustrated by Dentons’ recent request to withdraw from its representation of a casino mogul in Bartlit Beck v. Okada, terminating client relationships prematurely can be tricky and met with skepticism in the courts, but following certain best practices can make the process a little less painful for everyone involved, says Trisha Rich at Holland & Knight.

  • The Key To Turning Solid Briefs Into Winning Briefs

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    Even a well-written brief can omit key facts, make tone-deaf legal arguments or ignore practical implications, so lawyers drafting motions and appeals should incorporate feedback processes akin to moot courts and jury research, says Andrew Nichols at Charis Lex.

  • Walter Dellinger's Little-Known, Outsize Impact On Legal Aid

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    The late Walter Dellinger’s pro bono work distinguishes him forever, but his greatest moment involved a little-known U.S. Supreme Court case, Brown v. Legal Foundation of Washington, which helped preserve one of the largest sources of legal aid funding — and Dellinger’s arguments were as magical as the program he helped save, says David Lash at O'Melveny.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

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    Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

  • Breyer's Role In Courthouse Design Sets A Judicial Template

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    As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

  • BigLaw Must Nix All-Or-Nothing Work Model To Retain Talent

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    Record numbers of workers quitting in the “Great Resignation,” paired with the growing success of nontraditional and freelance legal services, show that BigLaw’s management committees must reconsider rigid billable hour expectations and be open to part-time and noncontinuous work arrangements, says Hui Chen at Hui Chen Ethics.

  • Opinion

    Biden's Supreme Court Nominee Should Have 5 Key Qualities

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    In fulfilling his campaign promise to nominate a Black woman to the U.S. Supreme Court, President Joe Biden should look for candidates with experience as a state trial judge, a background in public education and a few other important characteristics, says Benes Aldana, president of The National Judicial College.

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • Strategies For Coping With Stress In The Legal Profession

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    Attorneys should explore certain fast, accessible strategies for stress management, as unexpected stressors from work obligations increase at the beginning of the year and are only heightened by improvements in technology and an accelerated flow of communication, says David Kouba at Arnold & Porter.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

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