Business of Law

  • July 21, 2019

    Do Atty Hopefuls With Criminal Records Get A Fair Shake?

    Attorney hopefuls must undergo a “moral character” screening that is supposed to protect the public from unscrupulous lawyers, but a new report from Stanford has found that the way bar examiners evaluate criminal records often has little to do with that purpose.

  • July 19, 2019

    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. 

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    Craig Won't Use Ukraine Report From Judge's Firm At Trial

    Ex-Skadden partner Gregory Craig indicated Friday he didn’t want to introduce at his upcoming trial a Ukraine-focused report authored by lawyers at the former firm of the D.C. federal judge overseeing his criminal case.

  • July 19, 2019

    Justice Gorsuch Tells Law Student: Work Hard, Be Kind

    Since being sworn in as a U.S. Supreme Court justice in 2017, Justice Neil Gorsuch has already penned several significant opinions for the high court. But on Thursday, a very different piece of his writing drew the attention of thousands online — a letter he sent to a law student who had asked for his advice.

  • July 19, 2019

    Law360's Pro Say: Remembering Justice Stevens

    John Paul Stevens, a liberal icon who spent more than three decades as a justice on the U.S. Supreme Court, died July 16 at the age of 99. On this week’s show, Supreme Court reporter Jimmy Hoover breaks down the life and legal legacy of the late justice.

  • July 19, 2019

    Former NJ Chief District Judge, 70, Dies After Cancer Battle

    U.S. District Judge Jerome B. Simandle, a former chief of New Jersey's federal bench who championed one of the nation's busiest courts amid its ongoing judicial vacancy crisis, has died at 70 after a battle with liver cancer, the Association of the Federal Bar of New Jersey and a longtime colleague said Friday.

  • July 19, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. House of Representatives teed up a battle over minimum wage with the U.S. Senate, and groups of state attorneys general pushed for more federal guidance on cannabis as well as competition in labor markets. These are some of the stories in corporate legal news you may have missed in the past week.

  • July 19, 2019

    Law Firms Are Getting Less Of The Corporate Legal Pie

    Corporations are moving more work in-house and have increased their reliance on alternative legal service providers, and that trend is expected to continue, according to the results of a survey released Thursday.

  • July 19, 2019

    Why Some Straddle The Line Between Law Firm And GC Gigs

    Some lawyers take the rare step of simultaneously holding roles at law firms and corporate legal departments. It can mean balancing time commitments and watching out for conflicts, but also richer portfolios of experience for those lawyers — and cost-effective options for companies.

  • July 18, 2019

    Kagan Says Colleagues 'Immodest' In Ignoring Precedent

    Justice Elena Kagan said Thursday there's something "a little bit immodest" about the willingness of her U.S. Supreme Court colleagues to overturn precedent as she discussed her battles this term to save settled law. 

  • July 18, 2019

    Mentor And Firebrand, NJ Judge's Formidable Style Left Mark

    The late U.S. District Judge William H. Walls broke new ground as the first African American man on New Jersey's federal bench and made his mark with wit-spiced wisdom that could leave new lawyers awestruck and seasoned counsel rattled.

  • July 18, 2019

    Trump To Nominate Gibson Dunn's Scalia For Labor Secretary

    President Donald Trump said Thursday he plans to tap Gibson Dunn & Crutcher LLP partner Eugene Scalia to be secretary of the U.S. Department of Labor, replacing the outgoing Labor chief Alexander Acosta.

  • July 18, 2019

    Senate OKs Tenn. Trial Judge, Eyes 4 More Trump Picks

    The Senate on Thursday confirmed a nominee for Tennessee’s Eastern District, shortly after the Judiciary Committee sent four more of President Donald Trump’s trial court picks to the floor for a final vote.

  • July 18, 2019

    Fox Rothschild Is Fully Out Of The Porn Copyright Biz

    Following the exit of a partner who filed hundreds of cases over pornography, BigLaw giant Fox Rothschild LLP is no longer the most litigious copyright firm in the country, replaced by a New York attorney who was once labeled a "troll" by a federal judge.

  • July 18, 2019

    More Lawyers Are Working From Home

    More legal employers are instituting flexible scheduling and telecommuting policies to help lawyers improve work-life balance, according to a survey from Robert Half Legal released on Thursday.

  • July 18, 2019

    Robins Kaplan Beats Benefit Plan Trustees' Medical Bill Suit

    A Minnesota federal judge has tossed a suit filed by trustees of a multiemployer fringe benefit plan seeking reimbursement for medical expenses from a plan participant and his legal counsel Robins Kaplan LLP, saying the suit was short on details.

  • July 18, 2019

    Law360's Weekly Verdict: Legal Lions & Lambs

    Two California litigation boutiques snagged this week’s top legal lions spot with a nearly $50 million intellectual property verdict for global communications company Viasat, while Arnold & Porter ended up on the legal lambs list after client Oracle’s protest over a $10 billion government contract it missed out on was rejected.

  • July 18, 2019

    Plaintiffs Attys May Be Inflating Hours For Larger Awards

    Plaintiffs attorneys in securities class actions may be tempted to inflate their billable hours with unnecessary work to justify large fee awards, according to a new report published Tuesday by three law professors.

  • July 18, 2019

    Justice Stevens: Who He Was And How He Shaped The Law

    Retired Justice John Paul Stevens died Tuesday at age 99. Here Law360 looks at the former U.S. Supreme Court justice’s legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    3 Times Justice Stevens Left An Imprint On Employment Law

    Over his 34 years on the U.S. Supreme Court, the late Justice John Paul Stevens often took employee-friendly positions in cases involving hot-button issues like discrimination and arbitration agreements. Here, Law360 looks at three notable employment cases in which Justice Stevens left his mark.

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    Bookoff McAndrews Named Best Midsize Firm To Work For

    Washington, D.C.-based patent prosecution firm Bookoff McAndrews LLP is this year’s best midsize law firm to work for, according to Vault.com’s annual rankings released Wednesday.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

Expert Analysis

  • What High Court Ruling Means For Future Of Gerrymandering

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    After last month's U.S. Supreme Court decision in Rucho v. Common Cause and Lamone v. Bensiek, holding that partisan gerrymandering claims present a political question outside the reach of federal courts, state courts will likely see increased litigation attempting to strike down gerrymandered districts, say Junaid Odubeko and Mike Stephens of Bradley Arant.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • What A Maturing Patent Bar Means For The Industry

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    A seismic shift is occurring in the demographics of the U.S. patent bar — the average patent practitioner is aging — which, in combination with other market forces, is already precipitating a number of fundamental changes in how patent practices must operate to remain profitable, says Ian Schick of Specifio.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.