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Business of Law
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April 19, 2024
Ex-Lewis Brisbois Atty Accuses Firm Of Bias, Unethical Billing
A former attorney for Lewis Brisbois Bisgaard & Smith LLP has sued the firm in Los Angeles court, alleging gender discrimination in pay and retaliation for raising concerns over its "unethical billing practices," marking the second discrimination suit filed against the firm since March.
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April 19, 2024
Ex-Gibson Dunn Partners Battle Firm Over Sealed Records
Gibson Dunn & Crutcher LLP is fighting anonymous ex-partners' bid to unseal a contractual arbitration award granted to a former co-chair of the firm's appellate practice, saying the documents contain trade secrets — such as details about the firm's compensation and partnership structure — that other top law firms could exploit to gain an advantage in a competitive recruitment market.
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April 19, 2024
Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told
As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.
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April 19, 2024
Up Next At High Court: Abortions & Presidential Immunity
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
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April 19, 2024
Trump's Trial Is Unprecedented. Attys On Juries? Not So Much
With two BigLaw attorneys tapped for the jury box in Donald Trump's first-in-history criminal case, Law360 spoke to trial vets who said their own experience in this tables-turned situation shows lawyers can make for highly engaged jurors under the right circumstances.
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April 19, 2024
Gibbons Atty Won't Testify In Menendez Bribery Trial
A Gibbons PC lawyer who is counsel for one of U.S. Sen. Robert Menendez's co-defendants in his federal bribery trial set to start next month will not be called to the witness stand after defense lawyers and prosecutors agreed Friday to a stipulation about the facts that would have been part of his testimony.
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April 19, 2024
Lawyer Too Late To Collect Fees From Aretha Franklin Estate
Michigan appellate judges have upheld the denial of a bid for attorney fees for a lawyer who complained he was not properly paid for work he did for Aretha Franklin, with judges determining the claims were time-barred.
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April 19, 2024
Climate Lawsuits Aren't The SEC's Only Legal Headache
The U.S. Securities and Exchange Commission has been grabbing headlines over the past couple of months as it attempts to fend off a host of lawsuits challenging recently enacted climate disclosure rules, but the agency has been no stranger to litigation brought by business groups opposing everything from new stock buyback disclosures to the agency's growing private fund oversight to its hands-off approach to crypto rule writing.
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April 19, 2024
Quinn Emanuel Fights Sanctions Bid Over Musk Deposition
Quinn Emanuel Urquhart & Sullivan LLP has protested a move by a man suing Elon Musk for defamation to sanction partner Alex Spiro for his conduct during a deposition of Musk, telling a Texas state court Spiro was simply speaking up to protect Musk's interests and that the plaintiff was taking part in "school-yard antics."
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April 19, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Tesla is thumbing its nose at the Delaware Chancery Court by again asking its shareholders to approve a $55 billion pay package for Elon Musk — essentially the same pay package the court voided in January. And British telecom giant BT Group will reward two law firms for successful diversity and AI programs with automatic spots on its pared down legal panel. These are some of the stories in corporate legal news you may have missed in the past week.
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April 19, 2024
Paxton Can't Duck Ethics Suit Over 2020 Election Challenge
Texas Attorney General Ken Paxton must face the State Bar of Texas' ethics lawsuit over his attempts to reverse the results of the 2020 presidential election since the suit is against Paxton in his personal capacity and does not violate the separation of powers, a Texas appellate court has ruled.
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April 19, 2024
The Week In Trump: NY Trial And A High Court Date Loom
Despite a few snags, jury selection for Donald Trump's hush money trial in Manhattan unfolded relatively quickly, clearing the way for opening statements Monday in the historic case as the former president prepped for a U.S. Supreme Court debate over his supposed immunity.
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April 19, 2024
Antitrust Case Judge Reveals Husband's Ties With Apple
A New Jersey federal magistrate judge assigned to the U.S. Department of Justice's recent iPhone antitrust case disclosed on Friday that her husband has ties to Apple, but told the parties she does not believe she needs to recuse herself.
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April 19, 2024
Potter Anderson Raises Associate Starting Salary To $210K
In a bid to remain a competitive destination for young attorneys, Wilmington, Delaware-based firm Potter Anderson & Corroon LLP has increased the starting salary for associate attorneys to $210,000 from $190,000, effective immediately.
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April 19, 2024
Cohen Seglias Suit Says DOD Must Unblock Its Web Domain
Cohen Seglias Pallas Greenhall & Furman PC has sued a communications arm of the Department of Defense over claims a government software system mistakenly flagged the firm's web domain as malware, asking the agency to clear a "bureaucratic quagmire" and lift the block keeping DOD officials from contacting its lawyers.
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April 19, 2024
Self-Immolation Near Trump Trial Prompts Security Review
The New York Police Department is reviewing security protocols for former President Donald Trump's first criminal trial after a fatal incident in which a man set himself on fire across the street from the Manhattan courthouse where the proceeding was taking place Friday, underscoring safety concerns.
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April 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
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April 19, 2024
Law360's Legal Lions Of The Week
Winston & Strawn LLP and attorney Richard Reinthaler lead this week's U.S. Supreme Court-dominated edition of Law360 Legal Lions, after the high court ruled that a corporation's failure to disclose certain information about its future business risks cannot, under certain circumstances, be the basis of a private securities fraud claim.
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April 18, 2024
Ex-BigLaw Atty Can Stay Free During OneCoin Fraud Appeal
A Manhattan federal judge Thursday granted a former Locke Lord LLP partner's motion for bail pending appeal of his 10-year prison sentence after he was found guilty of laundering around $400 million in proceeds from the global OneCoin cryptocurrency scam, saying he does not pose a flight risk given his medical conditions.
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April 18, 2024
NYC Bar Rips Hochul Plan To Divert Client Trust Interest Cash
The New York City Bar Association urged Gov. Kathy Hochul Thursday to reconsider her "eleventh-hour" renewed plan to divert $55 million in interest earned on lawyer trust accounts that typically goes toward legal aid for low-income New Yorkers, saying the "deeply troubling" move undermines the independence of the legal profession.
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April 18, 2024
Law School Deans Fight ABA's 'Unnecessary' New Standards
More than 70 law school deans have criticized the American Bar Association's latest proposal to standardize law school course curricula, calling many of the changes "unnecessary" and counterproductive to legal education goals and part of a larger trend by the ABA council to exercise greater regulatory control over schools.
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April 18, 2024
Dunn Can't Nix Fiduciary Breach Charge As Ethics Trial Wraps
A California state bar judge denied Joseph Dunn's bid at the close of his disciplinary trial Thursday to toss a fiduciary breach charge, rejecting the former state bar executive director's argument that no evidence had been introduced to support the allegation.
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April 18, 2024
Fed. Circ. Maintains Newman Can't Invalidate Disability Law
Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.
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April 18, 2024
Trump Again Seeks Delay In Fla., Says Attys Tied Up In NY
Counsel for Donald Trump in the ex-president's federal classified documents case in Florida again asked on Thursday to extend disclosure deadlines, contending that their client would be prejudiced without more time while some of them defend Trump in his hush money case in New York.
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April 18, 2024
Tully Rinckey Fights Suspension Bid In Atty Contract Dust-Up
An attorney for Tully Rinckey PLLC's two founders told a D.C. legal ethics board on Thursday that a proposal to suspend his clients over restrictions the firm placed on departing lawyers was "a totally disproportionate response" to the allegations against them.
Expert Analysis
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Covington Ruling Strengthens SEC's Enforcement Powers
A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Inside The Changing Logic Of In-House General Counsel Hires
Though the growing phenomenon of small businesses hiring their own general counsel defies traditional business sense, companies in highly regulated and risky new technology industries, where serious legal resources are vital for growth and liability management, can benefit from recruiting in-house expertise early, say Jake Knowlton-Parry and Marlo Donato at Larson Maddox.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.