Business of Law

  • September 11, 2019

    Jones Day Needs Mea Culpa To Avoid Grand Jury Flub Fallout

    Despite the justice system’s sensitivity about grand jury secrecy, a leak sprung by Jones Day lawyers this week in a badly redacted federal filing avoids courts’ usual sore spots and isn’t likely to draw a sanction — as long as the firm can explain how the blunder occurred.

  • September 11, 2019

    5th Circ. Judge Willett On Textualism And Giving Up Twitter

    Fifth Circuit Judge Don Willett talks about his new role in “middle management” after 12 years as a Texas Supreme Court justice, how to become an effective textualist and leaving behind the “cesspool” of social media in a Twitter-style Q&A.

  • September 11, 2019

    How The Federalist Society Conquered The Mainstream

    Twenty years ago, few people had heard of the Federalist Society. Now it’s brokering President Donald Trump’s judicial picks and shaping the future of the federal bench. Law360 talked to an expert about what comes next.

  • September 11, 2019

    2nd Circ. Pick Draws Ire Of Both Parties At Senate Hearing

    President Donald Trump's nominee for the Second Circuit, Steven J. Menashi, drew fire from both parties at his Senate Judiciary Committee confirmation hearing on Wednesday, as he refused to answer most questions about his work in the Trump administration.

  • September 11, 2019

    Ga. Justices Open Door To Law Students Arguing In Court

    Law students in Georgia may soon be able to rack up more courtroom experience with the state high court this week deciding to let those attorney hopefuls participate in supervised oral arguments, with approval of the court.

  • September 11, 2019

    Former DC Federal Judge James Robertson Dies At 81

    Retired U.S. District Judge James Robertson, who ruled on several landmark cases, including one concerning military trials at Guantanamo Bay and another on transgender rights, died Saturday at age 81, the D.C. Bar has announced.

  • September 11, 2019

    Jones Day Faces Sanctions Threat After Redaction Flub

    A Virginia federal judge on Wednesday raised the specter of sanctions for Jones Day after the firm accidentally publicized details about grand jury proceedings in a criminal opioid case with multibillion-dollar stakes.

  • September 11, 2019

    Law Firm Leaders: Arent Fox's Cristina Carvalho

    Arent Fox managing partner Cristina Carvalho is one of just a handful of women leading top U.S. law firms and may be the only Latina at the helm of one of the nation’s 200 largest firms. Here, she discusses her goals for Arent Fox for the next five years and her thoughts on how to improve diversity in the legal profession.

  • September 10, 2019

    Jones Day Botches Grand Jury Redaction In Attack On DOJ

    Jones Day inadvertently disclosed details about grand jury proceedings by failing to properly redact a court filing this week that accused the U.S. Department of Justice of serious misconduct in a criminal opioid case against Indivior PLC.

  • September 10, 2019

    Ex-FBI Official Boosts King & Spalding's Nat'l Security Cred

    The former FBI chief of staff who recently returned to King & Spalding in Washington, D.C., as a partner told Law360 that his latest government stint showed him just how deeply national security issues are affecting every aspect of global commerce.

  • September 10, 2019

    Ex-Kirkland 2nd Circ. Pick To Be Probed On Divisive Writings

    Second Circuit nominee Steven J. Menashi can expect Democratic interrogation about his controversial writings, including a 2010 article praising "ethnonationalism" in democracies, at his confirmation hearing Wednesday morning.

  • September 10, 2019

    Akerman Taps Retiring Federal Judge For Moot-Court Program

    A former chief judge of the Northern District of Illinois and 25-year veteran of the federal bench is stepping down at the end of the month and will join Akerman LLP as a litigation partner and head of its moot-court program, the firm confirmed Tuesday.

  • September 10, 2019

    TransPerfect Can't Duck Bias Claims From Law Firm Project

    The U.S. Department of Justice can move forward with claims that a staffing company discriminated against foreign and dual citizens while helping Clifford Chance LLP staff up a project in 2017, according to a decision made public Tuesday.

  • September 10, 2019

    Trump Faces Long Odds In Race To Fill The Trial Courts

    President Donald Trump is looking to fill district court vacancies ahead of the 2020 elections, many of them in politically unfriendly districts. In this data-driven analysis, Law360 shows you where he’s gaining ground — and what obstacles lie ahead.

  • September 10, 2019

    If Dems Win 2020, Will BigLaw Lose Its Grip On The Bench?

    Progressives are culling judicial hopefuls for the federal bench in case a Democrat wins the White House in 2020. What are they looking for in a candidate? An unusual resume. Here, Law360 looks at the liberal side of the battle for the judiciary.

  • September 10, 2019

    Bankruptcy Judge Again Told He Should Have Recused

    A Florida federal court has thrown out several decisions made by a bankruptcy judge accused of favoring a firm that hired his fiance during a case, saying the uncomfortable episode fits all too well with the "long history of concerns of favoritism in the bankruptcy bar."

  • September 10, 2019

    NC Attys Get 12 Weeks Of Court-Free Parental Leave

    Attorneys practicing in North Carolina can now opt not to appear in court for 12 weeks after they become new parents, the state's judicial branch announced Tuesday.

  • September 10, 2019

    Can High School Internships Help Close Law's Diversity Gap?

    When Harlem high school student Kimberly Allotey first stepped into the New York City office of Mintz Levin Cohn Ferris Glovsky and Popeo PC this summer as an intern, she was surprised by how friendly and approachable the atmosphere was there.

  • September 10, 2019

    MoFo Bias Accuser Pans Subpoena To Her New Firm

    A female lawyer who claims Morrison & Foerster LLP sabotaged her efforts to find work after she accused the firm of putting pregnant women on a "mommy track" says MoFo's "wildly overbroad" subpoena for employment records from her new firm is a fishing expedition. 

  • September 09, 2019

    Weil Sets Up Associates With Business Training By Columbia

    Weil Gotshal & Manges LLP is encouraging its incoming and third-year associates to learn the business skills they will need to become successful attorneys by setting them up with a training program by Columbia Business School, the firm said Monday.

  • September 09, 2019

    Change High Court Nominee Vetting, Justice Ginsburg Says

    The country must cut through a period of sharp political divide and stop vetting U.S. Supreme Court candidates by trying to predict how they'll vote on hot-button cases, Justice Ruth Bader Ginsburg said while receiving an award in Chicago on Monday.

  • September 09, 2019

    9th Circ. Urged To Nix Oregon Bar Membership Requirement

    Two attorneys have urged the Ninth Circuit to reverse a lower court's tossing of their claims that a requirement that they belong to the Oregon State Bar so they can practice law in the state violates their First and 14th Amendment rights.

  • September 09, 2019

    Law Firms Beat The Odds With 5.3% 1st-Half Revenue Growth

    The U.S. legal industry experienced some improvements during the first half of 2019, even as the wider economy was battered by market volatility, predictions of an economic downturn, trade disputes and other geopolitical headwinds, according to a report out Monday by Wells Fargo.

  • September 09, 2019

    How Trump’s Judges Are Changing The Law

    The 43 judges President Donald Trump has put on the nation’s circuit courts are young, conservative and ready to make their mark. Here, Law360 examines how this freshman class of lifetime appointees is already changing American law.

  • September 09, 2019

    Law Firm Staffers Say They're Undervalued And Overworked

    A majority of law firm staff members are not only stressed out in their roles, but they also feel undervalued by attorneys, according to a new report by a legal marketing consulting firm in Canada.

Expert Analysis

  • Opinion

    Legal Operations Teams Are Gaining Popularity In EU

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    As the European and global economies continue to change, any legal department that does not want to get outflanked by faster, more agile competitors should consider the value that legal operations teams have to offer, says Hans Albers, president of the Association of Corporate Counsel Europe.

  • Why Proper Document Redaction May Be An Ethical Duty

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    Paul Manafort's attorneys recently filed a court document containing incompletely redacted information, highlighting the need for attorneys to become competent at redaction — or at least at verifying that redaction has been performed correctly. Failure to do either could be construed as legal malpractice, says Byeongsook Seo of Snell & Wilmer LLP.

  • Series

    Why I Became A Lawyer: A Refugee's Journey Of Firsts

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    Even as a child in war-torn Iran, I began to develop a sense of justice and a desire for equality and the rule of law. These instincts ultimately guided me to become a federal prosecutor, and now a partner in private practice, says Raymond Aghaian of Kilpatrick Townsend & Stockton LLP.

  • Keeping PR Strategy Communications Privileged: Part 2

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    Determining whether and to what extent your legal team should invite a PR agent into privileged communications requires weighing many factors — including the unsettled and evolving case law on whether such involvement destroys privilege protection and creates discoverable, usable evidence, says Jeffrey Schomig of WilmerHale.

  • Keeping PR Strategy Communications Privileged: Part 1

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    Companies faced with high-profile litigation often turn to public relations firms to help defend their reputations and maintain shareholder confidence. But recent cases are a reminder that internal PR firm documents face uncertain privilege protection, even when those documents are generated in support of a broader legal strategy, says Jeffrey Schomig of WilmerHale.

  • What Lawyers Can Do To Prevent And Combat Burnout

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    Lawyer burnout has been called a “romantic disorder” because it is characteristic of a work ethic admired in the legal culture. But the negative impacts of burnout are real and lawyers need to recognize the signs and solutions, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Law Schools Should Be More Like Medical Centers

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    Medical centers and their faculty matter to the practice of medicine. Law schools and their faculty do not matter to the practice of law, says J.B. Heaton of J.B. Heaton PC.

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

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    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

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    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels LLP.

  • Diversity's Next Step: Developing Minority Partners

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    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Arbitrators And Mediators Should Reflect Society's Diversity

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    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

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    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

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    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

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    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

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    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

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