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Business of Law
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June 11, 2024
UPDATED: Court Says Eastman Disbarment Order Filed In Error
A California federal court has nixed an order disbarring former Donald Trump lawyer John C. Eastman from the venue, saying in a notice filed Tuesday that the document was filed by mistake.
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June 10, 2024
Live Urgent Care In-House Atty Axed For Pregnancy, Suit Says
A former in-house attorney and compliance officer for Live Urgent Care LLC alleged in New Jersey state court on Friday that she was fired in retaliation for asking to take maternity leave and demanding a bonus she claims was never paid.
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June 10, 2024
NY State May Allow People With Past Felonies To Sit On Juries
A New York state bill to remove a prohibition on people convicted of felonies sitting on juries following their release from prison has advanced to the governor's office, moving forward legislation that its authors say is designed to increase the racial diversity of jury pools and help former prison inmates reintegrate into society.
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June 10, 2024
Order Trims Cuomo Suit Over Harassment Probe Documents
A New York state judge has partially dismissed a petition brought by former Gov. Andrew Cuomo seeking dozens of unredacted transcripts of witness interviews as part of the state attorney general's sexual harassment investigation that led to his 2021 resignation.
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June 10, 2024
New 'Access DOJ' Aims To Nix Barriers, Boost Accessibility
The U.S. Department of Justice has announced the launch of an initiative to improve access to its programs and services, including an upcoming project to make it easier to report tips about crime or other violations of law.
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June 10, 2024
Catching Up With Delaware's Chancery Court
Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.
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June 10, 2024
Senate Judiciary Panel Urged To Investigate High Court Ethics
The Leadership Conference on Civil and Human Rights sent a letter on Monday urging the "full power" of the Senate Judiciary Committee be used to investigate the latest "ethics crisis" at the U.S. Supreme Court.
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June 07, 2024
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.
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June 07, 2024
Motley Rice Allocated Biggest Share Of $2B Opioid Fees
A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.
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June 07, 2024
Ozempic MDL Gets New Judge After Judge Pratter's Death
The U.S. Judicial Panel on Multidistrict Litigation on Thursday reassigned sprawling litigation over Ozempic and similar drugs in the Eastern District of Pennsylvania following the sudden death of U.S. District Judge Gene E.K. Pratter, who'd been overseeing the MDL.
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June 07, 2024
'Why Are You Even Here?' Judge Prods Big Tobacco
A Washington state appellate panel on Friday criticized Philip Morris USA Inc. and other tobacco companies for attempting to pay the state less under a 1998 master settlement agreement, with one judge asking a Big Tobacco attorney why they were in court in the first place.
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June 07, 2024
Tesla Rips 'Unprecedented' $5.6B Fee Bid In Musk Pay Fight
Tesla urged Delaware's Chancery Court on Friday to reject a $5.6 billion stock-based fee request by counsel representing investors who blocked Elon Musk's record Tesla pay package, arguing the "unprecedented" fee bid is unreasonable, unwarranted and 17 times larger than any fee award in Delaware history.
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June 07, 2024
Justices Report Old Trips, Beyoncé Tickets And Royalties
U.S. Supreme Court Justice Clarence Thomas disclosed Friday two trips he took in 2019 paid for by a Republican billionaire donor that were the subject of bombshell reporting last year, while his colleagues divulged more than $1.5 million in book-related income and several gifts, including Beyoncé tickets, in their annual financial reports.
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June 07, 2024
Calif. Atty Faces Hacking Charge In Utility Billing Scandal
A San Fernando Valley attorney accused of scheming with lawyers representing the city of Los Angeles to settle a customer billing class action favorably for the Los Angeles Department of Water and Power also plotted to access the email and phone accounts of the judge overseeing the litigation, the State Bar of California asserted in an additional disciplinary charge filed Thursday.
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June 07, 2024
Southwest Attys Get Pause On 'Punitive' Religious Training
In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training' should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."
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June 07, 2024
Legal Job Market Keeps Momentum With May Gains
Following April's increases, the U.S. legal sector saw marginal job growth in May, with an increase of 400 jobs compared to the previous month, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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June 07, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
A panel of women in the general counsel role gathered at the New York City Bar Association on Wednesday to share the challenges and opportunities they encounter in the in-house legal landscape, and a new survey identified the top three privacy risks for companies and their compliance professionals this year. These are among the stories in corporate legal news you may have missed in the past week.
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June 07, 2024
Crowell & Moring Partner Named DC Bar President-Elect
D.C. Bar members have selected a Crowell & Moring LLP employment law partner as their president-elect, the association announced Friday.
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June 07, 2024
Thompson Hine Launches Team To Be On Top Of AI
Thompson Hine LLP, a full-service business law firm with about 400 lawyers in eight offices, has launched a multidisciplinary team dedicated to artificial intelligence and its related issues.
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June 07, 2024
Law360's Legal Lions Of The Week
Sonosky Chambers Sachse Endreson & Perry LLP, Jenner & Block LLP, Sidley Austin LLP and Hobbs Straus Dean & Walker LLP lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court held that the federal government is required to reimburse two Native American tribes millions of dollars in administrative healthcare costs.
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June 06, 2024
NY Prosecutor Says DOJ Self-Disclosure Policies Are Working
The proliferation of policies across the U.S. Department of Justice crediting firms and individuals for voluntarily self-disclosing misconduct indicates the approach is effective, even though instances of such disclosures aren't overwhelming, a senior federal prosecutor in New York told a gathering of compliance officers on Thursday.
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June 06, 2024
'Any Judge' Should Have DQ'd In Romance Case, Attys Told
A Texas federal judge was adamant Thursday that a former bankruptcy judge should have recused himself from an engineering company's Chapter 11 proceeding because of his relationship with a then-Jackson Walker LLP partner, but seemed torn over whether a lawsuit from a former shareholder over the secret relationship had a leg to stand on.
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June 06, 2024
Hallie Biden Tells Jury She 'Panicked' Finding Hunter's Gun
Hunter Biden's former sister-in-law and ex-girlfriend told a Delaware federal jury Thursday that she "panicked" when she found a gun and a box of bullets in his truck and threw the gun in a grocery store trash can because she was afraid he might hurt himself.
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June 06, 2024
In 13-Year Trademark Fight, Chicago Judge Says No More
A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.
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June 06, 2024
Fla. Justices Won't Undo DeSantis' Suspension Of Prosecutor
State prosecutor Monique Worrell lost her bid to be reinstated to her post in the Ninth Judicial Circuit after a split Florida Supreme Court ruled Thursday that Gov. Ron DeSantis' executive order suspending her passed muster.
Expert Analysis
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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AI In Accounting Raises OT Exemption Questions
A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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The Future Of ERISA If High Court Ends Chevron Deference
The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.