Business of Law

  • November 30, 2021

    Kavanaugh Seen As Key Vote In Roe Showdown

    When the U.S. Supreme Court debates the fate of Roe v. Wade on Wednesday morning, the spotlight will be on key vote Justice Brett Kavanaugh, who has called Roe an "important precedent" but has also been willing to overturn holdings he disagrees with.

  • November 30, 2021

    Jury In Brooklyn Judge's Trial Doesn't Hear Info About Agent

    A federal judge on Tuesday forbade counsel defending a state judge accused of obstructing a probe into New York City's Municipal Credit Union from telling jurors during trial openings about a disclosure by prosecutors that a government investigator was a customer at the troubled lender.

  • November 30, 2021

    Senate Judiciary Preps 12 Nom Votes Ahead Of Year-End Push

    The Senate Judiciary Committee could advance as many as a dozen of President Joe Biden's judicial nominees later this week, creating a large pot of candidates available for confirmation votes on the Senate floor in the final month of the year.

  • November 30, 2021

    Behind The Scenes With Opioid Attys At Landmark Jury Trial

    Fresh off the first jury verdict in coast-to-coast opioid litigation, attorneys for victorious Ohio counties took Law360 behind the scenes to discuss misconduct that nearly derailed the landmark trial, lessons learned from conversations with jurors, and their evolving strategy for future courtroom clashes.

  • November 30, 2021

    Travis Scott Hires O'Melveny Litigator For Astroworld Defense

    Veteran litigator Daniel Petrocelli of Los Angeles law firm O'Melveny & Myers LLP has signed on to represent musician Travis Scott against allegations following the deadly crowd surge at his Nov. 5 Astroworld concert in Houston, where 10 concertgoers were killed and scores more were seriously injured.

  • November 30, 2021

    ABA Permits Law Schools To Accept GRE Test In Admissions

    An American Bar Association council on legal education has voted in favor of permitting law schools to use the GRE and Law School Admissions Test interchangeably in its admissions, a decision that could have important implications given that only a minority of institutions currently accept GRE scores.

  • November 30, 2021

    LeClairRyan Trustee's $9.5M Deal With Insurer, Execs OK'd

    The trustee for the bankrupt LeClairRyan has received the go-ahead from a Virginia federal judge for a nearly $9.5 million settlement with the firm's insurer and former leaders of allegations of a conspiracy with legal services provider UnitedLex that helped sink the firm.

  • November 29, 2021

    4 Amicus Briefs Filed In Restaurants' $50M Virus Suit Appeal

    Organizations representing restaurants, trial lawyers and insurance companies have asked to weigh in on a restaurant conglomerate's appeal of the dismissal of its $50 million COVID-19 coverage suit.

  • November 29, 2021

    Jury Says King & Spalding Not Liable For Associate's Firing

    A Manhattan federal jury on Monday quickly sank a fired King & Spalding LLP associate's wrongful termination case, rejecting his allegation that the BigLaw firm showed him the door in retaliation for his ethics concerns.

  • November 29, 2021

    Jan. 6 Panel Plans Vote To Hold Trump DOJ Atty In Contempt

    The U.S. House select committee investigating the Jan. 6 insurrection at the Capitol said Monday that it would vote this week on whether to hold Jeffrey Bossert Clark, a former top lawyer with the U.S. Department of Justice during the Trump administration, in contempt of Congress.

  • November 29, 2021

    Fried Frank Looks To Boost Associates' Year-End Bonuses

    Fried Frank Harris Shriver & Jacobson LLP is the latest firm to jump into the year-end bonus pool, matching offers by other BigLaw firms of up to $115,000 in base bonuses to associates who work in the U.S. and London, based on their seniority.

  • November 29, 2021

    Ex-Knicks Star, Wigdor Atty Accused Of 'Lies' In Assault Suit

    Sanctions should be imposed on former New York Knicks player Charles Oakley and his counsel from Wigdor LLP for using an assault lawsuit built on "bald-faced lies" to orchestrate a "smear campaign" against Madison Square Garden, a representative for the famed arena told a Manhattan federal judge Monday.

  • November 29, 2021

    Legal Education Site Can't Escape Attorney's ADA Suit

    A Florida federal judge declined Monday to dismiss a proposed class suit accusing LawPracticeCLE LLC of violating the Americans with Disabilities Act by failing to provide captioning to make its online continuing legal education courses accessible to hearing-impaired individuals.

  • November 28, 2021

    4th Circ. Judge Reverses Decision To Take Senior Status

    Judge Robert B. King of the Fourth Circuit reversed his decision to take senior status last week, eliminating a vacancy President Joe Biden could have filled on the appellate court.

  • November 24, 2021

    Hagens Berman Stalling Thalidomide Suits Probe, Clients Say

    Hagens Berman Sobol Shapiro LLP obstructed a special master's investigation into thalidomide birth-defect suits, acting in its own self-interest rather than the clients' interest and trapping them in "litigation limbo," a group of clients said in a Pennsylvania federal court breach of fiduciary duty complaint Wednesday.

  • November 24, 2021

    NJ Judge Denies $991K Atty Fees Awarded By Magistrate

    A New Jersey federal judge ordered a magistrate judge to recalculate attorney fees for Arent Fox LLP in a patent dispute, finding that the jurist failed to apply prevailing precedent addressing applicable forum rates.

  • November 24, 2021

    Justices To Review When Lawmakers Can Intervene In Cases

    The U.S. Supreme Court said Wednesday that it will decide whether the North Carolina General Assembly can intervene in defense of the state's photo ID requirement for voting, taking up legal questions that, according to the lawmakers, "strike at the heart of a state's sovereign authority to designate agents to represent its interests in court."

  • November 24, 2021

    Revolving Door Roundup: Pillsbury, Sidley, Davis Polk

    This fall saw a pair of Trump-appointed U.S. attorneys rejoin Sidley Austin LLP and Gibson Dunn & Crutcher LLP, while other BigLaw outfits snapped up top officials from the U.S. Department of Justice.

  • November 24, 2021

    3rd Circ. Tosses Atty Impostor's Conviction For Cosby Filing

    A Pennsylvania man sentenced to 32 months in prison for making false statements in a misguided attempt to support Bill Cosby had his conviction overturned on appeal when a Third Circuit panel called him "a warning about our internet-addicted culture" but found his conduct was too inconsequential to violate the letter of the law.

  • November 24, 2021

    AXA, Attys End Dispute Over Investor Fraud Suit Coverage

    An AXA XL subsidiary and attorneys it insured who were sued in multiple investor lawsuits told a Pennsylvania federal court Wednesday they agreed to end litigation over whether the attorneys are covered in the lawsuits.

  • November 24, 2021

    Cadwalader Matches Cravath's Year-End Bonus Scale

    Cadwalader Wickersham & Taft LLP says it is awarding big bucks to associates aligned with a hefty bonus scale set by Cravath Swaine & Moore LLP and matched by two other firms, kicking off the year-end bonus season.

  • November 23, 2021

    Ex-Cozen Atty Ends SEC Insider Trading Claim With $20K Deal

    A former longtime Cozen O'Connor attorney with expertise in professional ethics will pay $20,004 to end claims from the U.S. Securities and Exchange Commission that he bought shares of one of his clients' stocks based on confidential insider knowledge of its potential merger, the agency said.

  • November 23, 2021

    Target Settles Virtual IP Suit After Gilstrap Cites Conflict

    Target Corp. and Lennon Image Technologies LLC moved Tuesday to dismiss the latter's infringement suit against the retail giant in light of a settlement deal, about a week after U.S. Chief District Judge Rodney Gilstrap disclosed a conflict in the case.

  • November 23, 2021

    Pro-Trump Attorneys To Pay $187K In 'Big Lie' Sanctions

    Two attorneys who "should have known better" must pay $187,000 in sanctions for filing a sloppy suit that falsely claimed the 2020 election was stolen from former President Donald Trump in a vast conspiracy, a Colorado federal judge ruled.

  • November 23, 2021

    In-House Attorney's Bias Suit Comes Up Short At 6th Circ.

    The Sixth Circuit shut down an attorney's fraud and religious and gender discrimination suit against a Malaysian state-run logistics outfit she said was linked to a company that employed her in Michigan, ruling that she couldn't blame the Malaysian entity for her alleged mistreatment in the U.S.

Expert Analysis

  • The Implications Of COP26 For Legal Practitioners

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    Developments at the recent United Nations Climate Change Conference will create both opportunities and risks for lawyers — with many new laws, regulations and industry best practices to track, and a growing pipeline of new energy and infrastructure projects to facilitate, say Caroline May and Charles Winch at Norton Rose.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • Roundup

    Confronting Origination Credit

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    This Expert Analysis series looks at how law firms' long-standing practice of awarding origination credit to attorneys who bring in new business can be a barrier to diversity, and offers possible paths toward more equitable compensation systems.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

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