Business of Law

Companies' Litigation Caseloads Grow Faster Than Spending

In a reversal from last year, the number of cases companies are litigating is growing faster than the amount of money being spent on that litigation, according to a new report published Thursday.

As Money Increases In State Court Races, So Do Concerns

Millions of dollars are being spent in state judicial elections, particularly for Supreme Court races, which are likely to set records again this year, leading some to worry about that money's impact on judicial independence.

No Signs Of Supreme Court's Conservatives Slowing Down

The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

High Court 'Shadow Docket' Still A Long Shot For Companies

The U.S. Supreme Court has made frequent use of its "shadow docket" in recent years to decide blockbuster cases on an expedited basis without full briefing or argument, but the justices' recent actions indicate that companies are likely to be disappointed if they look to the docket as a realistic option for streamlining their appeals.

December 02, 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.
December 02, 2022
NY AG's Chief Of Staff Resigns After Misconduct Probe

The chief of staff to New York Attorney General Letitia James has resigned following an independent investigation into misconduct, a probe that published reports said Friday stemmed from allegations of sexual harassment.
December 02, 2022
NY Officials Call DiFiore's Post-Judicial Perks 'Outrageous'

The chair of the New York State Senate Judiciary Committee said Friday that he would be seeking answers from court officials about why former Chief Judge Janet DiFiore continues to benefit from state-funded chauffeurs and protection after leaving office, perks that several state officials told Law360 were "outrageous."
December 02, 2022
Pro Say: A Historic Concussion Suit Comes Up Short

A historic challenge to the NCAA over its purported failure to warn college athletes about the dangers of repetitive head injuries fizzled in California state court last week as a jury found that the organization was not liable for the death of a former USC linebacker who was posthumously diagnosed with CTE.
December 02, 2022
Up Next At High Court: LGBTQ Weddings, Election Law

The U.S. Supreme Court will round out its November–December arguments with a pair of blockbuster cases concerning the First Amendment rights of religious business owners to turn down same-sex weddings and a novel election law theory that could vastly curtail the power of state courts to review election laws.
December 02, 2022
Interest Rates Doom Lender, Crypto Winter Persists

Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.
December 02, 2022
FTX's 'Havoc' May Strengthen Call For More Women In Crypto

For the former federal prosecutor behind a new professional group for women in cryptocurrency, the fall of FTX has brought a torrent of emotion. But it has also shined a light on the oft-overlooked women who have been sounding the alarm on risk in the industry.
December 02, 2022
50 Judges Open Up About Law Clerk Selection And Diversity

Landing a judicial clerkship can open many doors for recent law school graduates, but a new study based on confidential interviews with 50 federal appeals court judges provides a rare glimpse into how jurists fill those clerkships and why there is a persistent lack of diversity in law clerk hiring.
December 02, 2022
Legal Industry Continues Modest Job Growth

For the second month in a row, the number of legal industry jobs showed a modest increase, with the sector gaining approximately 800 jobs from October to November, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
December 02, 2022
DC Bar To Put Facts First In Giuliani Voter Fraud Ethics Case

Rudy Giuliani is set to face attorney disciplinary proceedings next week in Washington, D.C., in a case expected to center around whether he had a reasonable basis to level voter fraud allegations as part of a lawsuit aimed at helping then-President Donald Trump overturn Pennsylvania's 2020 election results.
December 02, 2022
Texas Gov. Sends Fairchild Price Atty To Appellate Court

Texas Gov. Greg Abbott has appointed a Fairchild Price Haley & Smith LLP partner with experience in product liability, patent law, medical malpractice and transportation disputes to the Sixth Court of Appeals in Texarkana.
December 02, 2022
Trump 'Explicitly' Approved Tax Fraud, DA Says As Trial Ends

Manhattan prosecutors on Friday directly accused former President Donald Trump of authorizing tax fraud by his executives in closing arguments of the criminal trial in New York state court against his Trump Organization companies.
December 02, 2022
10 More Firms Match Baker McKenzie Associate Bonuses

Ten more law firms have announced their year-end associate bonuses, with most so far mirroring the scale set by Baker McKenzie.
December 02, 2022
Personal Injury Atty In Conn. Pleads Guilty To Tax Evasion

A personal injury attorney from Wallingford, Connecticut, has waived his right to be indicted and pled guilty to tax evasion in Hartford, the U.S. Attorney's Office for the District of Connecticut said Friday.
December 02, 2022
GC Cheat Sheet: The Hottest Corporate News Of The Week

A new study shows the nine law firms that general counsel most recommend, and McKinsey & Co.'s compliance department has been on a hiring spree, with at least six new recruits having connections to Walmart Inc.
December 02, 2022
UK Litigation Roundup: Here's What You Missed In London

The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.
December 02, 2022
Ex-Counsel For Macau Billionaire Wins $1.9M In Fees

Attorney Hugh H. Mo has won his requested $1.9 million in legal fees from former billionaire client Ng Lap Seng in relation to Mo's representation of him in a bribery case, a New York federal judge has ruled.
December 02, 2022
Ex-FBI, DOJ Atty Rejoins King & Spalding As Partner

King & Spalding LLP has rehired a former firm attorney who most recently held several senior roles at both the Federal Bureau of Investigation and the U.S. Department of Justice.
December 01, 2022
Del. Judge Lists Red Flags To Justify Funding Probe

Delaware's chief judge has detailed the full story of why he's investigating whether patent monetization entity IP Edge is controlling seemingly unrelated litigation after the patent owners called on the Federal Circuit to intervene.
December 01, 2022
Fried Frank Largely Matches Baker McKenzie Bonus Scale

Fried Frank Harris Shriver & Jacobson LLP on Thursday unveiled its year-end bonuses to associates, almost matching the previous scale set by Baker McKenzie and joining a growing number of firms rolling out bonuses in recent weeks.
December 01, 2022
The Term: Immigration, Corruption And Alito Ethics Intrigue

The U.S. Supreme Court heard tense cases over public corruption prosecutions and new deportation guidelines for U.S. Immigration and Customs Enforcement agents this week, but there was news outside the courtroom as well when the court's in-house lawyer rejected allegations that Justice Samuel Alito Jr. divulged the outcome of a 2014 case at a dinner party. Law360's The Term discusses the latest in this week's episode.
December 01, 2022
Justices Back On Bench, But Hearings Still Getting Longer

For decades, the U.S. Supreme Court was famous for enforcing time limits on oral arguments. That changed during the pandemic due to the challenge of telephonic hearings. But despite the justices' return to the bench a year ago, arguments have only gotten longer.
December 01, 2022
Law Professors Say High Court Power Grab Must Be Reined In

The U.S. Supreme Court is carrying out a power grab, elevating its own authority above other branches of government and imperiling its legitimacy in the process, several law professors have said in recent publications, including a Harvard Law Review essay that calls for an overhaul of the "Imperial Supreme Court."
December 01, 2022
11th Circ. Rejects Trump's Bid For Mar-A-Lago Doc Review

The Eleventh Circuit on Thursday dismissed former President Donald Trump's bid for a special master to review documents the U.S. Department of Justice seized from his Mar-a-Lago estate, finding that the district court judge who had granted Trump's request lacked jurisdiction to do so.
December 01, 2022
Wilson Sonsini Atty Blasts Under Armour Docs 'Harassment'

A Wilson Sonsini Goodrich & Rosati PC attorney accused Under Armour of harassing him and the firm on Wednesday, seeking to quash a subpoena in an antitrust case the sportswear giant says is based not on his work for plaintiff Multiple Energy Technologies but his partial ownership in it.

Expert Analysis

Safeguarding Attorneys' Greatest Asset: Our Mental Health

Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
Opinion

Law Schools Are Right To Steer Clear Of US News Rankings

By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
Opinion

Litigation Funders Seek Transparency In Disclosure Debate

Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
5 Principles For Better Professional Development Programs

The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
Series

My Favorite Law Prof: How I Learned To Practice With Passion

First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
Questions To Ask Before Making A Lateral Move As Partner

Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.
Roundup

My Favorite Law Professor

As law schools navigate adapting to the pandemic, technological advancements, and the needs and expectations of Gen Z, this Expert Analysis series features stories of teaching methods that have had a meaningful impact on members of the legal industry.
Pointers For Women IP Attorneys Building Fed. Circ. Practices

Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.
Series

My Favorite Law Prof: How I Learned To Argue Open-Mindedly

Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
ABA's No-Contact Rule Advice Raises Questions For Lawyers

The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
4 Key Skills For An Effective Attorney Coaching Conversation

As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.
Perspectives

How Civilian Attorneys Can Help Veterans

With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.
Series

My Favorite Law Prof: How I Learned That Culture Shapes Law

U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.
9 Legal Ethics Considerations In Natural Disaster Preparation

Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
Series

My Favorite Law Prof: How I Learned To Put Law Into Practice

Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.