Business of Law

  • July 02, 2020

    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 02, 2020

    DNC, Perkins Coie Must Face Defamation Suit, Page Says

    Former Trump campaign adviser Carter Page has asked an Illinois federal judge not to dismiss his defamation allegations against the Democratic National Committee and its Perkins Coie LLP legal team, arguing that his suit over the infamous "Steele Dossier" was timely and that the court should have jurisdiction over the matter.

  • July 02, 2020

    Justices Dim Dems' Hopes Of Seeing Mueller Docs By Election

    The U.S. Supreme Court's decision to hear arguments on whether the Trump administration has to give the House Judiciary Committee access to grand jury materials produced by former special counsel Robert Mueller has dealt a significant blow to Democrats' yearlong legal bid to secure those records before the November election. 

  • July 02, 2020

    Shackelford Adds 6 Winstead Attys In Houston, Dallas

    Shackelford Bowen McKinley & Norton LLP has added to its Dallas and Houston offices six attorneys previously with Winstead PC who work in the areas of intellectual property and corporate law, the firm has announced.

  • July 02, 2020

    US Atty In EDNY To Depart For Main Justice Role

    Richard Donoghue is leaving his post as U.S. attorney for the Eastern District of New York to take a job at the U.S. Department of Justice headquarters, a development that comes on the heels of the messy recent ouster of Donoghue's Manhattan-based colleague Geoffrey Berman.

  • July 02, 2020

    Ex-ICE Atty Tapped As Chief DOJ Immigration Judge

    Tracy Short, who worked most recently as the U.S. Immigration and Customs Enforcement principal legal adviser and as senior adviser to the ICE acting director, has been named as the nation's chief immigration judge, the U.S. Department of Justice announced Thursday.

  • July 02, 2020

    Law360's Pro Say: Federal Watchdog Agencies, Beware

    The Supreme Court took a bite out of the Consumer Financial Protection Bureau this week by allowing the at-will firing of its director, but the justices stopped short of dismantling the Obama-era watchdog completely.

  • July 02, 2020

    K&L Gates, Ex-Worker Settle ADHD Discrimination Suit

    K&L Gates LLP has reached an undisclosed settlement to resolve allegations that the law firm violated federal anti-discrimination law by failing to accommodate an employee with anxiety and ADHD before firing him.

  • July 02, 2020

    117 Firms On Board For Fourth Version Of Mansfield Rule

    Diversity Lab announced Thursday that 24 more firms have signed on to seek certification under the fourth and latest iteration of the Mansfield Rule, which aims to increase the representation of historically underrepresented lawyers in the field, adding up to 117 firms overall.

  • July 02, 2020

    The Term: It's Roberts' World

    As the U.S. Supreme Court edges closer toward the finish line of the term, Chief Justice John Roberts' sway on the bench was increasingly apparent this week in a trio of opinions on abortion, agency independence, and the separation of church and state.

  • July 02, 2020

    Facebook Taps Ex-HPE, Amazon Atty To Lead App Legal Team

    Facebook has recruited a former Hewlett Packard Enterprise Co., Amazon and IBM senior attorney to head the legal team responsible for its core app, according to a recent post on LinkedIn.

  • July 02, 2020

    Dem Bill Would Make Judicial Advocacy Groups Name Donors

    Senate Democrats introduced a bill Thursday that would require donor disclosure from groups that sponsor political advertisements about federal judicial nominations, targeting the hundreds of millions in "dark money" raised from unknown donors and spent without limits.

  • July 02, 2020

    Texas Licensing Board Wants To Nix July, Sept. Bar Exams

    The Texas Board of Law Examiners, which administers the state's bar exams, voted Thursday in favor of canceling both the July and September in-person exams and replacing them with an October online exam, as the Lone Star State experiences a surge of COVID-19 cases.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Virtual Arbitration Hearings Prompt Witness Coaching Fears

    The COVID-19 pandemic has forced the arbitration world to move hearings entirely online, prompting concerns that, unbeknownst to opposing counsel and arbitrators, witnesses could be getting subtle — or not-so-subtle — coaching from their attorneys.

  • July 02, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. House of Representatives passed a bill to reopen the Paycheck Protection Program through Aug. 8, and the largest U.S. franchisee of Wendy's and Pizza Hut restaurants filed for Chapter 11 protection amid the pandemic. These are some of the stories in corporate legal news you may have missed in the past week.​

  • July 02, 2020

    Alito Sees Inconsistency In How Justices Address Bigotry

    Justice Samuel Alito Jr. suggested there is a double standard with how the U.S. Supreme Court deals with the legacy of bigotry in modern law, contrasting Tuesday's decision in a Montana tax case with one from earlier in the term involving nonunanimous juries.

  • July 02, 2020

    Can BigLaw Dump Its Drinking Habit?

    At many law firms, alcohol consumption at social and networking events is standard, but experts say firms can help combat high rates of problem drinking among attorneys by moving away from a culture where tying one on is commonplace to one where alcohol is de-emphasized.

  • July 02, 2020

    Legal Jobs Continue Upward Tick After COVID-19 Clobbering

    The legal industry added another 7,500 jobs in June, a cumulative increase of 14,500 positions since employment plummeted in April due to the COVID-19 pandemic, according to U.S. Department of Labor data released Thursday.

  • July 02, 2020

    Justices To Decide Whether DOJ Must Turn Over Mueller Docs

    The Supreme Court will decide whether the DOJ has to give the House Judiciary Committee unredacted materials from former special counsel Robert Mueller's grand jury investigation, taking up the Trump administration's appeal on Thursday morning.

  • July 01, 2020

    Firm Defends Retaining Credit For Former Atty's Work

    An attorney for a Philadelphia-based personal injury firm told a federal judge during a hearing on Wednesday that he could be opening a floodgate of litigation if a former associate were allowed to move forward with claims that the firm was improperly taking credit for his work on its website.

  • July 01, 2020

    NY Court Cops Sue Over Inadequate COVID-19 Protections

    The union representing more than 1,500 New York state court officers hit Chief Judge Janet DiFiore and the Office of Court Administration with a putative class action in federal court for allegedly not providing enough protective measures against COVID-19 and threatening to discipline the union's president for raising the issue.

  • July 01, 2020

    Florida Bar Exam Moves To Online Format In August

    As Florida grapples with a dramatic upswing in COVID-19 cases, the Florida Board of Bar Examiners said Wednesday that it is canceling the in-person general bar exam scheduled for later this month and will instead administer an online exam on Aug. 18.

  • July 01, 2020

    US Leans On Law Firms For Trade Deal Dispute Panelists

    The Trump administration on Wednesday tapped trade and labor law experts from BigLaw fixtures like Skadden and Clark Hill to serve on panels that will be tasked with resolving disputes under the U.S.-Mexico-Canada Agreement.

  • July 01, 2020

    It's Official: Troutman Sanders, Pepper Hamilton Are Now One

    Troutman Sanders LLP and Pepper Hamilton LLP officially merged Wednesday, launching as Troutman Pepper Hamilton Sanders LLP after the deal was delayed three months due to the coronavirus pandemic.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Opinion

    Texas Should Cancel Its 2020 Bar Exam

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    An in-person bar exam in July would pose unacceptable health risks and put applicants at an unfair disadvantage, so the Texas Supreme Court should instead initiate a COVID-19 diploma privilege for this year, say professors Renee Knake and Dave Fagundes at the University of Houston.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • The Law Behind The Strange Departure Of US Atty Berman

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    In the wake of this weekend's confusing, contradicting statements regarding the removal of Geoffrey Berman as U.S. attorney for the Southern District of New York, it is useful to ask what law governs here, why the standoff with Attorney General William Barr ended the way it did, and what history teaches us about these circumstances, says Daniel Levy at McKool Smith.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

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