Business of Law

Opinion

Proposal To Reform NY Court System Is Not Affordable

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

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'

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

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

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

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

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

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

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.

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

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

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

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

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.

How Emotionally Intelligent AI Could Assist With E-Discovery

While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.