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Business of Law
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
PAGA Repeal Bill On Nov. Ballot May Upend Calif. Labor Law
A controversial bill going before Golden State voters in November has employment attorneys divided over its plan to replace California's Private Attorneys General Act with new legislation doubling penalties for willful labor-law violators, but leaving enforcement solely to a state agency that has proven ineffective in the past.
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April 05, 2024
Legal Industry Sheds 3,000 Jobs In March After Modest Gains
Following a modest uptick in February, the U.S. legal sector shed more jobs in March, with a loss of 3,000 jobs compared with the previous month, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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April 05, 2024
Law360's Legal Lions Of The Week
Gibbons PC leads this week's edition of Law360 Legal Lions, after helping its client, a Kirkland & Ellis LLP attorney, secure an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce.
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April 05, 2024
Attys Ask 2nd Circ. To Affirm Ruling In Psychiatry Prof's Death
Attorneys cleared of any wrongdoing in New York federal court in the death of renowned psychiatry professor Judith Brook in their capacity as court-appointed temporary guardians urged the Second Circuit this week to affirm a lower court's holding that temporary guardians are not state actors subject to federal jurisdiction.
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April 05, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Some pressure is off legal teams for a while as the U.S. Securities and Exchange Commission pauses its new climate disclosure rules until a court suit over them is resolved. And an in-house chief counsel was charged with embezzling more than $200,000 by getting his company to pay fake invoices from law firms.
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April 05, 2024
'Eat Or Be Eaten': Mid-Law Drove Q1 Law Firm Mergers
As firms feel the pressure to grow to meet client demands, midsize law firms appear to be more eager to gobble up small law firms and less thrilled by the idea of being acquired, according to consultants and first quarter U.S. law firm combination results collected by Law360 Pulse.
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April 05, 2024
Utility Atty Who Advised Google JV Opens Environmental Firm
An attorney who advised a Google joint venture on a group of master-planned communities and a California utility on billions of dollars in infrastructure work has launched boutique firm Forrest Environmental Law.
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April 05, 2024
Wisconsin Bar Tweaks Diversity Definition Amid Bias Suit
The State Bar of Wisconsin has erased a legal challenge related to its diversity clerkship program following a revision of its definition of diversity, though the federal case will continue over dues collections.
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April 05, 2024
IP Firm Sues Florida Attorney For Using Soundalike Name
Georgia-based intellectual property firm Bekiares Eliezer LLP has sued an attorney in Florida federal court, alleging he marketed his services with a name similar to its "Founders Legal" brand.
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April 05, 2024
Judicial Nominees On Schumer's Post-Recess To-Do List
Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.
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April 05, 2024
National Association Of Broadcasters Hires New Deputy GC
The National Association of Broadcasters has hired a former Baker McKenzie partner and Federal Trade Commission attorney to serve as its new deputy general counsel, the group announced Thursday.
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April 04, 2024
Stanford Lecturer Says Mideast War Talk Got Him Suspended
A Black Muslim Stanford University lecturer said the school refused to renew his contract after he discussed the Israel-Hamas war in class and had students take part in a profiling and policing simulation, despite him being cleared of wrongdoing.
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April 04, 2024
Caterpillar 'Talking Out Both Sides,' Judge Says
A Delaware federal judge chastised Caterpillar Inc. ahead of trial in a series of orders mostly siding with claims from a defunct construction equipment supplier accusing the company of pressuring an online auctioneer to break an important contract with the would-be competitor.
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April 04, 2024
NY AG Wants Trump Insurer To Guarantee $175M Bond
New York Attorney General Letitia James asked a Manhattan judge Thursday to make sure the California insurer that agreed to post Donald Trump's $175 million bond in his civil business fraud case can actually pay.
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April 04, 2024
Judge Recuses Herself From Cartel Case Over Exxon Stock
A Nevada federal judge has recused herself from a batch of antitrust lawsuits claiming U.S. shale oil producers colluded with OPEC to drive up prices at the pump, citing her ownership of a "significant" amount of Exxon Mobil Corp. stock.
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April 04, 2024
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.
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April 04, 2024
W.Va. Plaintiff Drops Telemarketing Claim Against Fla. Firm
A West Virginia woman who alleged in a putative class action that law firms had bombarded her and others with unwanted legal advertising phone calls has announced a joint dismissal with one of the firms involved.
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April 04, 2024
SEC Voluntarily Puts Climate Regs On Ice During Court Battle
The U.S. Securities and Exchange Commission announced Thursday that it is voluntarily delaying the implementation of climate disclosure regulations while it fights an Eighth Circuit challenge seeking to vacate the rules, with the regulator saying that it hopes the voluntary stay will speed resolution of the case.
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April 04, 2024
Ghostwriting Undercut Bar Conflict Safeguards, Report Says
The State Bar of California's former deputy executive director "violated the spirit and undermined the purpose of the Rule 2201 Program," according to a report the state bar commissioned investigating the former director's "ghostwriting" of reports connected to attorney discipline cases where conflicts arise, including one concerning embattled ex-attorney Tom Girardi.
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April 04, 2024
Trump Can't Duck Secret Doc Charges On Immunity Grounds
The Florida federal judge overseeing the classified documents case against Donald Trump rejected his bid Thursday to dismiss the criminal indictment against him, saying the charges don't make any reference to the Presidential Records Act that the former president said grants him immunity.
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April 04, 2024
Litigating On The Front Lines Of Pac-12 Power Struggle
The mass exodus from the Pac-12 sparked fierce litigation over the considerable money and power at stake for the conference, challenging attorneys to deal with a high-pressure dispute moving along at breakneck speed. One lawyer at the center of the fight recently spoke with Law360 about the unique challenges he and his team had to address.
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April 04, 2024
Jeffrey Clark Violated Ethics Rules, Panel Says
Former U.S. Department of Justice Attorney Jeffrey Clark violated professional conduct rules, a D.C. attorney ethics panel preliminarily found Thursday following a disciplinary hearing centered on Clark's alleged efforts to throw the Justice Department behind former President Donald Trump's election fraud narrative.
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April 04, 2024
NY Judge Revives Plan To Take Senior Status
U.S. District Judge David Hurd of the Northern District of New York announced his intent to take senior status, according to an update on Thursday, after previously announcing similar plans and then reversing them in 2022.
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April 04, 2024
New Leader Discusses The Next Era For NY Federal Defenders
The Federal Defenders of New York has chosen its new leader, elevating its director of strategic litigation to become the first Black woman serving as the federal public defense organization's executive director.
Expert Analysis
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What 3 Legal Industry Trends From 2022 Mean For Next Year
Kate Reder Sheikh at Major Lindsey & Africa looks back on the year in legal recruiting, including practice areas that saw the most movement, which regions seemed most ripe for new office openings and who was promoted to partner, and makes some look-ahead predictions for 2023.
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Learning From This Year's Legal Industry Discrimination Suits
To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.
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Roundup
The Future Of Legal Ops
Legal operations professionals discuss the most important demands facing corporate legal departments today, and how companies are changing or are expected to change in order to adapt.
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Series
The Future Of Legal Ops: AI Has Important Role To Play
Though the debut of OpenAI's ChatGPT has prompted some fears about negative impact on lawyers, artificial intelligence technology can be a powerful tool for legal operations professionals if used effectively to augment their work, say Justin Ben-Asher and Gwendolyn Renigar at Steptoe, and Elizabeth Matthews at TotalEnergies.
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4 Proactive Strategies For 'Rocket Docket' Discovery In SDNY
With more than half of Southern District of New York judges now allowing four or fewer months for fact discovery, civil litigators in this aspiring "rocket docket" jurisdiction should prioritize case management methods that make the most of this compressed timeline, say Jaclyn Grodin and Nicholas Cutaia at Goulston & Storrs.
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Opinion
Law Schools Must Prep Students To Tackle Gun Violence
Given that Gen Z — the so-called mass shooting generation — is now of law school age, it's time for schools to invest more in courses, clinics and other resources to prepare their students to enter the growing field of gun violence prevention litigation, says Kaivan Shroff at Everytown for Gun Safety.
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How In-House Attys Can Manage Cyber Risks Of Mass Layoffs
As mass layoffs expose employers to greater cyber threats, in-house attorneys should include cybersecurity considerations in their preparation for and management of the employee separation process, including in separation agreements and exit interviews, says Foster Sayers at Pramata.
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Opinion
Increasing Law Firm Polarization Will Degrade Rule Of Law
As evidenced in recent instances of law firms separating from attorneys who represented certain industries or espoused certain views, firms and the legal practice itself have grown troublingly polarized and intolerant of dissent, says Rebecca Roiphe at New York Law School.
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How To Deal With Difficult Clients, Practically And Ethically
Meredith Stoma at Lewis Brisbois discusses common obstacles for counsel working with difficult clients and provides guidance on ethically managing or terminating these challenging relationships — as, for example, counsel for Ye have recently done.
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Where Kavanaugh May Land On SEC In-House Court Issue
Justice Brett Kavanaugh's agreement with the U.S. Supreme Court majority in West Virginia v. U.S. Environmental Protection Agency, along with a previous dissenting opinion in the D.C Circuit, is a good predictor of his views in two cases challenging judicial procedures at the U.S. Securities and Exchange Commission and Federal Trade Commission, says Evan Stewart at Cohen & Gresser.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid
A prevailing party may have a 2-3 chance of getting paid under the Section 285 fee-shifting statute for patents, making reform efforts to ensure receipt of payment worth considering, say Adam Shartzer and Josh Carrigan at Fish & Richardson.
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3 Pricing Trends In Law Firm Use Of Litigation Funding
As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.