Business of Law

  • November 21, 2019

    Law360's The Term: Kagan Knocks New Argument Format

    On this week’s episode of Law360's The Term, the team lays out a host of U.S. Supreme Court news that popped up during one of the court’s weeks off from arguments, including Justice Elena Kagan's dim view of a new oral arguments rule.

  • November 21, 2019

    Arbitration Cybersecurity Protocol Outlines Best Practices

    A new cybersecurity protocol for international arbitration unveiled Thursday aims at providing guidance to arbitrators, institutions and arbitration users on topics including baseline security measures, while making clear that it's the responsibility of all involved in an arbitration to address this increasingly important issue.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    Law360's Weekly Verdict: Legal Lions & Lambs

    Davis Wright Tremaine tops this week’s legal lions list for helping Oregon counties win a $1 billion judgment against the state in a contract dispute, while Jones Day and Shook Hardy & Bacon ended up among the legal lambs after their tobacco company clients were hit with $157 million in damages in a lung cancer case.

  • November 21, 2019

    Legal Association's Prez Accuses Rivals Of Obstruction

    A Spanish attorney filed suit Wednesday in D.C. federal court against an international legal nonprofit that promotes the rule of law, saying that board members have attempted to block him from assuming his duties as the organization's president after he was elected.

  • November 21, 2019

    Ex-BigLaw Atty Guilty In Crypto Money Laundering Trial

    A Manhattan federal jury on Thursday found former Locke Lord LLP corporate partner Mark S. Scott guilty of helping "CryptoQueen" Ruja Ignatova, the fugitive head of the global OneCoin cryptocurrency scam, launder $400 million and lie to banks.

  • November 20, 2019

    Legal Tech Download: Social Media Swagger And Timekeeping

    The world of legal technology is evolving quickly, with new products coming to market in rapid succession. Here, Law360 takes a look at six recent developments.

  • November 20, 2019

    Trump NY Trial Court Pick Reports $9M Net Worth

    President Donald Trump's nominee to a federal trial seat in New York would leave a nearly $4 million-a-year-job at Collier Halpern & Newberg LLP to join the bench, according to financial disclosures filed with the U.S. Senate.

  • November 20, 2019

    2 Minutes With No Questions 'Feels Like A Lot': Justice Kagan

    Justice Elena Kagan said that the two minutes of uninterrupted opening argument that the U.S. Supreme Court now gives advocates "feels like a lot," and that in some recent cases, she's thought, "We should just do them a favor and interrupt them."

  • November 20, 2019

    Trump Taps US Attorney For Louisiana Trial Judge Seat

    President Donald Trump on Wednesday tapped the U.S. attorney for the Western District of Louisiana to become a trial judge in the same district, picking a prosecutor with experience as a military lawyer and commercial litigator.

  • November 20, 2019

    Why Your Company Isn't Too Big For Litigation Funding

    There's a misconception that only small companies or those that are cash-strapped use litigation finance, but that's increasingly not the case, speakers from Burford Capital and Quinn Emanuel said Wednesday during a deep dive into how companies can use such funding streams.

  • November 20, 2019

    Pompeo Taps Quinn Emanuel's Burck In Impeachment Probe

    U.S. Secretary of State Mike Pompeo has retained William Burck of Quinn Emanuel to represent him amid the presidential impeachment proceedings, a source familiar with the matter confirmed Wednesday.

  • November 20, 2019

    11th Circ. Flips As Senate Confirms Greenberg Traurig Alums

    The Eleventh Circuit was flipped Wednesday to a majority of Republican appointees after the Senate easily confirmed a pair of Florida Supreme Court justices who both previously worked at Greenberg Traurig LLP and the U.S. Attorney’s Office for the Southern District of Florida.

  • November 20, 2019

    Law Firm Leaders: Levenfeld Pearlstein's Robert Romanoff

    Robert Romanoff has served as chairman and managing partner of midsize Chicago law firm Levenfeld Pearlstein LLC since 2013. Here, Romanoff chats with Law360 about the decision to do away with the billable hour as a measure of attorney success, the firm's efforts to operate more efficiently, and how the firm prepares its young attorneys to become partners.

  • November 19, 2019

    Ex-Orrick Atty Tapped As SF Court's 1st Black Female Judge

    California Gov. Gavin Newsom on Tuesday nominated Judge Teri L. Jackson, a former Orrick Herrington & Sutcliffe LLP attorney and a San Francisco County trial judge overseeing litigation against Pacific Gas and Electric Co., to the First District Court of Appeal, according to a statement from the governor’s office.

  • November 19, 2019

    Freshfields Owes For Work Wooing Cleary Atty, Recruiter Says

    A Massachusetts executive recruiting firm on Tuesday accused Freshfields Bruckhaus Deringer US LLP of refusing to pay millions of dollars in fees owed for its work recruiting a successful corporate law partner from Cleary Gottlieb Steen & Hamilton LLP.

  • November 19, 2019

    Ex-MoFo Atty Says $400M CBS Defamation Suit Should Stay

    Virginia Lt. Gov. Justin Fairfax, a former partner at Morrison & Foerster LLP, defended his $400 million defamation suit against CBS Corp. in federal court Monday, saying the network defamed him by airing interviews with two women who have accused him of sexual assault and arguing the suit should be allowed to stand.

  • November 19, 2019

    Ruling On McGahn Subpoena Fight Expected By Monday

    A D.C. federal judge said late Tuesday she will rule by Monday on whether former White House counsel Don McGahn must comply with House Democrats' subpoena to testify about President Donald Trump's alleged efforts to obstruct former special counsel Robert Mueller's wide-ranging Russia probe. 

  • November 19, 2019

    Butler Snow Adds 17 Attys From La. Firm

    Southeastern regional firm Butler Snow LLP continued its ongoing expansion efforts Tuesday by announcing it will absorb a local firm into its Baton Rouge, Louisiana, office, which will bring the firm's total attorney count to 385.

  • November 19, 2019

    GOP Senator Opposes Mo. Trial Court Pick Over Abortion

    A moderate Republican senator on Tuesday came out against the confirmation of an anti-abortion advocate with little courtroom experience to a Missouri district court, threatening but not necessarily sinking a nomination that has drawn an outcry from liberals.

  • November 19, 2019

    Awash In Cash, Litigation Funders Eager To Strike Deals

    A first-of-its-kind "buyer's guide" for the litigation funding industry shows the money raised from investors to back legal cases is far outstripping actual investments.

  • November 19, 2019

    Ex-Jones Day Secretary Slams Attempt To Ax Disability Claim

    A former Jones Day secretary is claiming she did not simply rely on her own descriptions of her symptoms to justify why she should qualify for long-term disability benefits, pushing back against an insurance company's argument that a Tennessee federal court should toss her claims.

  • November 19, 2019

    DLA Piper Named The Best In BigLaw Social Media Game

    DLA Piper regained its spot Tuesday as the savviest firm for social media in the 2019 Social Law Firm Index, which compares the Twitter, Facebook, LinkedIn and online thought-leadership skills of the 200 largest firms in the United States.

  • November 19, 2019

    Lawyers Can Counsel Medical Pot Clients, NY Bar Says

    The New York State Bar Association has reaffirmed its opinion that attorneys may ethically assist clients with medical marijuana matters, clearing up possible ambiguities posed by the U.S. Department of Justice's ostensible reversal on cannabis policy under the Trump administration.

  • November 19, 2019

    LeClairRyan Partner Can Sue Insurers For Gender Bias Claims

    A former LeClairRyan partner who sued the defunct firm for gender discrimination years ago can now attempt to collect on an $885,000 arbitration award by pursuing its insurers, a Virginia bankruptcy judge has ruled.

Expert Analysis

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Opinion

    Proposal To Reform NY Court System Is Not Affordable

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    New York Chief Judge Janet DiFiore's proposed reform of the state's courts is flawed because it will dramatically increase judges' salaries and retirement benefits even though New York already has the most expensive court system per capita in the United States, says Michael Friedman, former president of the Albany County Bar Association.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Best Practices For US-Canada Virtual Mass Tort Teams

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    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.

  • Atty Arbitration Case Provides Compliance Road Map In Calif.

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    While the U.S. Supreme Court’s recent decision not to review California’s arbitration agreement framework in Winston & Strawn v. Ramos means current case law stands, employers now have a solid game plan for crafting defensible arbitration agreements that comply with state law, says Anthony Guzman at Fisher Phillips.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.