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Business of Law
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June 05, 2024
NY Gov. Denies Cop-Shoving Judge New Term
A Buffalo judge censured for brawling with neighbors, shoving a police officer and bragging about his ties to power was denied a second term by New York Gov. Kathy Hochul, who took the unusual step of rejecting the judge's request for reappointment.
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June 04, 2024
Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici
Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.
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June 04, 2024
Mitch McConnell Slams 7th Circ. Nom's 'Sheer Incompetence'
Senate Majority Leader Mitch McConnell tore into Seventh Circuit nominee U.S. District Judge Nancy L. Maldonado on the Senate floor Tuesday, criticizing her case backlog and saying that she has distinguished herself "with sheer incompetence."
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June 04, 2024
Trump Wants Gag Orders Terminated In Wake Of Guilty Verdict
Donald Trump asked a New York County judge to terminate gag orders restricting the former president from making out-of-court statements during his criminal trial, arguing that the "restrictions" on his First Amendment rights are no longer warranted now that the trial has come to an end.
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June 04, 2024
Chief Justice's Leadership Is Falling Short, Schumer Says
Senate Majority Leader Chuck Schumer on Tuesday criticized U.S. Supreme Court Chief Justice John Roberts for what he sees as lackluster efforts to address ethical impropriety among high court members.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
SEC Shutters Salt Lake City Office, Shifts Cases To Denver
The U.S. Securities and Exchange Commission said on Tuesday that it will close its Salt Lake City office for budgetary and organizational purposes, saying that the caseload of the office, which among other things handled the troubled Debt Box case, will now be handled by staff in Denver.
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June 04, 2024
SC Man Gets 7 Years For Threatening Fed. Judge, Courthouse
A South Carolina federal judge on Tuesday granted prosecutors' request for an upward departure from a sentencing advisory by giving a seven-year prison sentence to a man who copped to sending a letter threatening to kill a federal judge and warning that he might blow up a courthouse.
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June 04, 2024
Clinton Says Dismissal Of Trump's RICO Suit Was Warranted
Hillary Clinton and members of the Democratic National Committee urged the Eleventh Circuit not to revive Donald Trump's suit alleging they conspired to push false claims of Russian election interference in 2016, arguing that the dismissal and resulting sanctions for pursuing the frivolous suit should be kept in place.
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June 04, 2024
SDNY Shakes Up Its Leadership After 2 Departures
On the heels of former Southern District of New York Deputy U.S. Attorney Andrea Griswold's transition to the partner ranks of Skadden Arps Slate Meagher & Flom LLP, U.S. Attorney for SDNY Damian Williams on Monday announced two newly appointed attorneys to replace her and the office's departed executive assistant U.S. attorney.
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June 04, 2024
Senate Confirms DC Judge As Court Calls For Attention
The Senate voted 57-41 Tuesday to confirm Judge Tanya Monique Jones Bosier to serve on the D.C. Superior Court for a term of 15 years, which chips away at the "vacancy crisis" plaguing the district's court system.
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June 04, 2024
Polsinelli Opens 2nd Utah Location, Names Managing Partner
Polsinelli PC has opened an office in Park City, Utah, making it the first Am Law 100 firm to put down roots in the mountain resort, Utah offices leader Marla Bell told Law360 Pulse Tuesday.
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June 04, 2024
Paxton Asks Texas Justices To End Bar's Political 'Lawfare'
The Texas bar's ethics lawsuit against Attorney General Ken Paxton over his challenge to the 2020 presidential election violates the state constitution's separation of powers and is barred by sovereign immunity, Paxton told the state Supreme Court on Tuesday, calling the case "politically motivated lawfare" in an announcement.
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 04, 2024
Ogletree Opens 7th California Office In Fresno
Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.
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June 04, 2024
Archegos Jury Note Demands Info After Atty's COVID Absence
A juror hearing the government's $36 billion market manipulation case against Archegos founder Bill Hwang took the unusual step Tuesday of asking if there was "something we are not being told" after COVID-19 sidelined a lawyer and prompted others to don masks.
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June 04, 2024
Hinshaw's Chair Will Steer Firm's Strategy For Another Term
Hinshaw & Culbertson LLP has reelected a partner who has been with the firm for more than 40 years to a new three-year term as its chair.
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June 04, 2024
Jones Day, Littler, Ogletree Attys Among Clients' 'All Stars'
Jones Day, Littler Mendelson PC and Ogletree Deakins Nash Smoak & Stewart PC head BTI Consulting Group's annual list of law firms with the most "all star" attorneys, with each having seven attorneys highlighted by in-house leaders for their service to clients.
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June 04, 2024
Mayer Brown Chair Reelected To A Second 3-Year Term
Mayer Brown announced Tuesday that a partner who has spent almost his entire three-decade legal career at the firm has been reelected to a second three-year term as its chair.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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June 03, 2024
Trump's NY Gag Orders Likely Lifted With Verdict
Despite claims by former President Donald Trump that he is still limited in what he can say about jurors and witnesses following his guilty verdict, the gag orders imposed on him likely evaporated at the end of the Manhattan trial, lifting a threat of further contempt if he goes on the attack ahead of his sentencing this summer.
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June 03, 2024
4 Mass. Rulings You Might Have Missed In May
Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.
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June 03, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.
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June 03, 2024
TikTok Snags Ex-Warner Bros. GC To Lead Legal
TikTok and parent company ByteDance picked a former Warner Bros. top lawyer to be its next global general counsel, the company said Monday, after the most recent leader in the position stepped down to fight a new federal law affecting the social media giant.
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June 03, 2024
Standards Are Murky As Legal Employers Vet Protesters
As violence in Gaza rages on, law firms have vowed not to employ lawyers whose activism for Palestinian rights they deem unacceptable. But "unacceptable" is in the eye of the beholder, and that makes it difficult for law students and lawyers who advocate for a ceasefire to navigate the workplace and the job market.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.