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Business of Law
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June 29, 2022
Eastman Drops Suit To Keep Cell Records From Jan. 6 Panel
Embattled former Trump attorney John Eastman has dropped his lawsuit seeking to block the House committee investigating the Jan. 6 Capitol insurrection from obtaining his cellphone records.
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June 29, 2022
Breyer To Officially Step Down Thursday At Noon
Justice Stephen Breyer, a key member of the Supreme Court's liberal bloc since he joined in 1994, will officially retire from the high court at noon on Thursday, making way for the addition of Justice-designate Ketanji Brown Jackson.
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June 29, 2022
IT Pro Was 'Stupid' To Obey Jones Day Atty's 'Burn' Order
An IT manager testified at a trial on Wednesday that he was "stupid" to comply with instructions from a senior Jones Day lawyer to destroy a secure messaging system in an alleged attempt to conceal evidence of corporate espionage from supermarket group Ocado.
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June 28, 2022
Erika Girardi Ordered To Turn Over Pricey Diamond Earrings
Reality television star Erika Girardi must turn over to a bankruptcy trustee a pair of diamond earrings that her estranged husband, the disbarred attorney Thomas V. Girardi, bought in 2007 for $750,000, a Los Angeles bankruptcy judge said Tuesday, finding that it was clear that stolen funds were used to buy them.
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June 28, 2022
LeClairRyan Trustee Approved For $21M UnitedLex Settlement
A Virginia bankruptcy judge approved a $21 million settlement between the Chapter 7 trustee for defunct law firm LeClairRyan PLLC and the legal services provider she accused of bleeding the firm of millions and driving it into liquidation.
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June 28, 2022
Fed. Circ. Wipes $11K Fee Ruling Over Confidential Emails
A Federal Circuit panel splintered Tuesday in rejecting a lower court decision to hit a California patent lawyer and his client with $11,000 in fines and legal fees over allegedly emailing confidential materials to a partner attorney in a joint defense agreement, who used them in another case.
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June 28, 2022
Trump Was Bent On Joining Capitol Mob, Meadows Aide Says
Despite warnings about people carrying weapons near the White House on Jan. 6, 2021, former President Donald Trump was so furious over what he saw as too few people in a secured area at his "Stop the Steal" rally that he urged the Secret Service to remove magnetic screening machines.
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June 28, 2022
Paul Weiss, MoFo, 22 Other Firms Staff NY Abortion Hotline
Two dozen BigLaw firms, including Paul Weiss Rifkind Wharton & Garrison LLP, Akin Gump Strauss Hauer & Feld LLP and Cleary Gottlieb Steen & Hamilton LLP, have signed on to help with an abortion hotline, offering legal guidance to anyone seeking access to or seeking to provide abortions in New York.
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June 28, 2022
Center For Reproductive Rights Promotes Attorney To GC
The Center for Reproductive Rights Inc. has elevated one of its attorneys to become its new general counsel as the organization deals with the reverberations of the U.S. Supreme Court's decision last week ending constitutional protection for abortion.
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June 28, 2022
Hogan Lovells Names Global Managing Partner For Growth
Hogan Lovells has created a new leadership post at the law firm, global managing partner for growth, and tapped New York partner Phoebe A. Wilkinson to fill it, the firm announced on Tuesday.
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June 28, 2022
Justice Alito's Former NJ Home Barraged With Hate Mail
Justice Samuel Alito's former New Jersey home is being targeted by hate mail in the wake of the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision, which struck down the constitutional right to abortion.
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June 28, 2022
Fla. Legal Services Co. Says Ex-Partner Stole Trade Secrets
Legal services company Veritas Legal Plan Inc. has accused a former business partner in a Florida federal court of illegally using its training, documents and customer list to become a competitor.
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June 27, 2022
Attorney Satisfaction Remains High 3 Years After Graduation
About 82% of attorneys reported that they are satisfied with their overall legal careers three years after they graduated from law school, a tick down from last year's finding of 85%, according to a report released Monday from the National Association for Law Placement.
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June 27, 2022
Ex-Trump Official, Philadelphia Atty Must Face Fraud Claims
A Trump-era State Department official and a Philadelphia attorney on Monday lost bids to escape claims they fraudulently induced an investor to pour millions into Greek medical cannabis companies, with a Pennsylvania federal judge finding a revised suit backed up the allegations.
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June 27, 2022
Trump Adviser Eastman Says Feds Seized His IPhone
Former Donald Trump legal adviser John Eastman, who is embroiled in a House select committee's investigation of the Jan. 6 attack on the U.S. Capitol, said in a Monday lawsuit that federal agents have seized his iPhone 12 using what he described as an overly broad search warrant.
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June 27, 2022
Ditching Live Testimony For Declarations Is Risky, Attys Say
U.S. courts should move cautiously before embracing written statements at bench trials in lieu of live direct examination testimony, lawyers tell Law360, cautioning that their recent use in a high-stakes opioid trial doesn't mean the practice — which is standard in the U.K. — should be widely adopted at home.
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June 27, 2022
Longtime Verrill Dana Partner Takes Over As Leader
Verrill Dana LLP partner Scott Anderson was named as the firm's managing partner after Keith "K.C." Jones announced he was leaving the role earlier this year, Verrill Dana said Monday.
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June 27, 2022
GCs Wrangling With Tangled Fallout Of Roe's Demise
The U.S. Supreme Court's decision to allow states to ban abortions — fraught with all the raw emotions attached to this issue — is also fraught with a multitude of legal risks for general counsel and their companies, ranging from possible criminal prosecution to civil suits to high-pressure proxy fights over political spending.
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June 27, 2022
Firms Look To Cover Out-Of-State Abortion Care After Dobbs
A growing number of law firms are offering to cover the costs of out-of-state reproductive care for their employees in the wake of last week's U.S. Supreme Court ruling overturning Roe v. Wade.
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June 27, 2022
Ex-Consumer Financial Protection Bureau Atty Joins Orrick
A former senior policy and strategy counsel with the Consumer Financial Protection Bureau's Office of Enforcement has moved to Orrick Herrington & Sutcliffe LLP after a brief stint with O'Melveny & Myers LLP.
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June 27, 2022
MoFo Elects Corporate Leader As New Firm Chair
Morrison Foerster LLP said Monday that it has elected corporate partner Eric McCrath as the firm's new chair, succeeding longtime leader Larren Nashelsky as he steps down this fall.
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June 27, 2022
High Court Backs Praying Coach In Religious Rights Battle
The U.S. Supreme Court ruled Monday that a public school district violated the First Amendment by suspending a football coach who insisted on praying at midfield right after games.
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June 27, 2022
Morgan Lewis Opens 34-Person Office In Seattle
Morgan Lewis & Bockius LLP announced the opening of an office in Seattle on Monday as part of the BigLaw firm's first foray into the Pacific Northwest, including hiring away more than a dozen attorneys from litigation boutique Calfo Eakes LLP.
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June 21, 2022
NY AG Says Trump Satisfied Order That Prompted Contempt
New York Attorney General Letitia James is "prepared to agree" that former President Donald Trump has satisfied a court order, which had led to his being found in contempt, in her probe into his business practices, an attorney from her office told the state court Tuesday.
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June 24, 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.

Frustration, Hot Job Market Drive Some Senior Exits At SEC
A number of top lawyers from the U.S. Securities and Exchange Commission have trickled to the exits over the past year, driven by what ex-SEC officials and legal recruiters say is not only a hot lateral market but also, in some cases, frustration over new leadership's aggressive enforcement tactics.

Attorneys Happiest When Valued For Their Talent, Humanity
Lawyers who feel valued for their professional talent or overall human worth by their employer exhibit the best mental and physical health within the legal profession, though overall health of lawyers falls below that of the general population regardless of how firms treat them, according to a new peer-reviewed study.

Should Judges Police The Legal Industry Pay Gap?
As the pay gap between male and female attorneys persists despite industry pledges to do better, the power of judges to potentially bridge the divide is coming into sharper focus.

Lateral Hires May Be Cooling Down Despite Busy Start In '22
The pace of law firm lateral recruitment picked up this year compared with the start of last year but fell short from the prior quarter as the hiring frenzy for associate talent begins to cool off, according to numbers provided by legal data company Firm Prospects LLC.
Editor's Picks
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Law360 Names 2022's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2022, our list of 176 attorneys under 40 whose legal accomplishments belie their age.
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Law360 Names Practice Groups Of The Year
Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.
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The 2020 Law360 Glass Ceiling Report
The Law360 2020 Glass Ceiling Report shows that law firms continue to make only minimal progress in their efforts to dispel the barriers women face, especially as they move up the ranks.
Expert Analysis
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Opinion
Now's The Time To Address Archaic Law School Curricula
With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.
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Lessons From Lawyer Fee-Sharing Agreements Gone Wrong
The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.
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LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue
A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.
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8 Steps To Creating A Legal Ops Technology Road Map
Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.
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The Importance Of Data And Data Analysis In Litigation
Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.
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Steps Companies Can Take To Mitigate Privilege Labeling Risk
Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.
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Perspectives
Nonprofit Ruling Is An Important Step For Nonlawyer Practice
A New York federal judge’s recent ruling that will allow nonprofit Upsolve to give legal advice to low-income debtors without a license is a positive development for nonlawyer practice, but presents questions about how to ensure similar programs can exist without fighting dodgy constitutional battles, says Ronald Minkoff at Frankfurt Kurnit.
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What Litigation Funding Disclosure In Delaware May Look Like
A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.
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Opinion
State Crackdown On Deceptive Ads For Drug Suits Is Welcome
Advertising aimed at recruiting plaintiffs for drug and medical device litigation can have serious consequences for patients who stop taking needed medicines after viewing the campaigns — so recent efforts by states to curb misleading claims in these ads should be adopted more widely, say Victor Schwartz and Cary Silverman at Shook Hardy.
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How In-House Legal Leaders Can Drive Corporate Growth
Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.
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Opinion
Calif. Bill On Protective Orders Threatens Privacy Norms
California's Public Right to Know Act — seeking to make discovery in product and environmental cases presumptively public — would upend the current regime of court protective orders necessary for compliance with national and international privacy laws, and undermine U.S. efforts to reach a data transfer treaty with the EU, say Patrick Oot and Phil Goldberg at Shook Hardy.
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Attorneys Should Tread Carefully On Job Counteroffers
Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.
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Series
The Future Of Legal Ops: Time To Get Serious About Data
Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.
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Opinion
ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule
While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.
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Lateral Candidate Screening Steps To Prevent Bad Behavior
Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.