Business of Law

BigLaw’s Mental Health Stigma Shows Signs Of Fading

Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo. This article is part of our special report on disability inclusion in the legal industry.

How The Legal Industry Lets Down Lawyers With Disabilities

The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

Law360 Names Top Attorneys Under 40

The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.

From Billable Hours To Bedtime Stories: Lawyering With Children

Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

August 15, 2018
Ogletree Must Show Judge Contract In Atty Gender Bias Suit

A California federal judge said Wednesday that he will need to see Ogletree Deakins Nash Smoak & Stewart PC's contract with a former nonequity shareholder before deciding whether to transfer her proposed gender bias class action, send it to arbitration or keep it in his court.
August 15, 2018
NRA Atty Faces Scrutiny After Not Disclosing Sanction

National Rifle Association lawyers will have to answer for the accuracy of a well-known Texas litigator's application to represent it in a dispute with an insurance broker in Virginia federal court, where a judge ordered a hearing on the submission after learning that it didn't mention a past sanction for allegedly trying to influence potential jurors.
August 15, 2018
Law Firm Leaders: Holland & Knight's Steven Sonberg

Steven Sonberg has served as managing partner of Holland & Knight LLP for the past 10 years. During that time the law firm has grown significantly, adding 11 offices, increasing its revenue by more than 50 percent and doubling its profits per partner.
August 15, 2018
Thinner ABA Still 'Voice Of All Lawyers,' New Prez Contends

Newly confirmed American Bar Association President Bob Carlson says his organization, which has faced declining membership, is still the "voice of all lawyers," something he believes entails speaking out against those who "mock due process, mock or ridicule equal justice under the law, and try to marginalize lawyers, judges and the press."
August 15, 2018
Kavanaugh Courts Dem Senators Who Backed Gorsuch

U.S. Supreme Court nominee Brett Kavanaugh sat down Wednesday with two more red state Democratic senators who the White House is hoping will once again vote to confirm President Donald Trump’s choice for the nation’s top bench, but it’s unclear if the charm offensive will work this time.
August 15, 2018
Was Kavanaugh Starr's Leaker? Watchdog Wants To Know

A government transparency group asked the chief judge of the D.C. federal trial court Tuesday to unseal a report allegedly documenting press leaks by Independent Counsel Ken Starr's office in the late 1990s, arguing the public needs to know if U.S. Supreme Court nominee Brett Kavanaugh, one of Starr's deputies, was involved in the alleged misconduct.
August 14, 2018
How One Firm Moved The Needle On Disability Inclusion

This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.
August 14, 2018
Kavanaugh Was Driving Force Behind Divisive Bush Picks

When D.C. Circuit Judge Brett Kavanaugh goes before the Senate Judiciary Committee for his U.S. Supreme Court confirmation hearing next month, it won’t be his first time working on a contentious judicial proceeding, although now he will be the one in the hot seat.
August 14, 2018
Atty's 'Thumbs-Up' On Monster Deal Isn't Binding: Calif. Panel

A California appeals court said Monday that an attorney didn’t breach the terms of his clients’ wrongful death settlement with Monster Energy Co. by talking to a reporter about the deal, finding that the attorney had merely given his “professional thumbs-up” by signing the contract and he wasn’t a party to it.
August 14, 2018
Mayer Brown Appellate Chief Shot To Death At Illinois Home

Stephen Shapiro, the founder of Mayer Brown LLP's Supreme Court and appellate practice, was shot to death in his home in Northfield, Illinois, Monday night in what police described as a domestic dispute.
August 14, 2018
MoFo M&A Co-Chair Named 1st-Ever CLO Of Softbank Group

The co-chair of Morrison & Foerster LLP’s global mergers and acquisitions practice group is set to become the first-ever chief legal officer and senior vice president of SoftBank Group Corp., the Tokyo-based telecommunications and internet giant announced on Monday.
August 14, 2018
Loeb Taps 6 Ex-Cooley Attys To Run New SF Office

Loeb & Loeb LLP announced Tuesday that it’s opened a new office in downtown San Francisco, which will be run by six trusts and estates lawyers the firm nabbed from Cooley LLP.
August 14, 2018
All 4 Remaining W.Va. Supreme Court Justices Impeached

The West Virginia House of Delegates has voted to impeach all four remaining members of the state’s Supreme Court, primarily due to alleged misuse of taxpayer money, including misuse of government property and high-priced office upgrades costing hundreds of thousands of dollars.
August 14, 2018
Law Scholars Decry Quotas For Immigration Judges

More than 120 legal scholars told U.S. Attorney General Jeff Sessions on Tuesday that the Trump administration’s recent move to use case quotas as a measure of immigration judges’ performance undermines their independence and threatens due process, according to a letter exclusively obtained by Law360.
August 14, 2018
Will Calif. Spark Movement On Outside Investment In Law?

A hard look in California at the role nonlawyers can play in the delivery of legal services could prompt a ripple effect in the U.S. if the state takes the bold step of allowing other professionals to invest in law firms and claim an ownership stake.
August 13, 2018
David Boies On How Dyslexia Shaped His Practice

One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability. This article is part of our special report on disability inclusion in the legal industry.
August 13, 2018
Dentons Grows In Latin America With New Chilean Office

Dentons announced Monday that it is combining with a Chilean firm, a move the firm's leadership boasted will further shore up its presence in Latin America and enable it to provide legal services to clients around the globe.
August 13, 2018
Dems Again Denied Kavanaugh Bush-Era Docs From Archives

Senate Democrats’ latest long shot to get D.C. Circuit Judge Brett Kavanaugh’s documents from his time as President George W. Bush's staff secretary fell short, as the National Archives again has rejected a request for information on President Donald Trump’s U.S. Supreme Court nominee.
August 13, 2018
Del. Court Returns To Full Strength With 2 New Judges

The U.S. District Court for the District of Delaware has added two federal judges to the bench, bringing the court, recently swamped with patent litigation, to full strength for the first time in more than a year.
August 13, 2018
Gov't, PACER Users Can Appeal Suit Over Fees

A Washington, D.C., federal judge on Monday greenlighted an appeal in a class action challenging the government's use of fees for the Public Access to Electronic Court Records system, allowing both sides to argue that the court got it wrong in a liability decision that found the government misused $200 million in fees.

Editor's Picks

The 2018 Law360 Diversity Snapshot

The 2018 Law360 Diversity Snapshot shows only incremental progress on racial and ethnic diversity in the attorney workforce. At every level of a typical law firm, minority attorney representation increased by less than a percentage point from last year’s survey.
The 2018 Law360 Glass Ceiling Report

Women have made up over 40 percent of law school students for more than three decades, and they now make up more than half. But our annual survey of the largest U.S. law firms shows that women continue to be underrepresented at all levels.
The Big Picture: How #MeToo Is Changing The Legal Industry

As the #MeToo movement sweeps the nation, the legal industry is starting to respond: Law firms are reviewing sexual harassment policies, fostering more internal discussion, and, in some cases, getting rid of arbitration agreements that have gained a reputation for perpetuating the problem.

Expert Analysis

Rebuttal

Judges Can Demand Diversity In Rule 23(g) Applications

A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.
Interview Essentials For Attorneys On The Move

Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.
Roundup

Clerking For Ginsburg

Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.
Kavanaugh On Attorney-Client Privilege — 3 Takeaways

In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.
Series

Clerking For Ginsburg: 3 Surprises

It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.
Employment Litigation And Jury Opinions In A #MeToo World

Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of discrimination and harassment claims, especially in the current political climate. To understand that role better, we undertook a survey of registered voters in New York and Los Angeles, say Ellen Brickman and Chad Lackey of DOAR Inc.
Series

Clerking For Ginsburg: A Superhero Supreme

As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.
Series

Clerking For Ginsburg: 4 RBG Lessons On Having It All

Justice Ruth Bader Ginsburg is everything she is cracked up to be — feminist icon, brilliant jurist, fierce dissenter. She is also an incredible boss, mentor and friend. Her advice has shaped how I have tried to balance building a career and raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.
Tackling Digital Class Notice With Rule 23 Changes

Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.
Series

Clerking For Ginsburg: How To Play The Long Game

One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

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