Business of Law

  • August 12, 2022

    Threats Over Mar-A-Lago Warrant Not Surprising, Say Judges

    The attacks against U.S. Magistrate Judge Bruce E. Reinhart on social media show that Congress, which has been dragging its feet on legislation to address judicial safety, isn't doing enough, federal judges told Law360 Pulse.

  • August 12, 2022

    Eastman Faces DC Bar Complaint For 2020 Election 'Scheme'

    Embattled lawyer John Eastman has been slapped with an ethics complaint in Washington, D.C., accusing him of abusing his law license as he worked on behalf of then-President Donald Trump on legal challenges aimed at upending the results of the 2020 presidential election.

  • August 12, 2022

    Meet Trump's New Hip-Hop Lawyer in Georgia Probe

    Former President Donald Trump is pretty comfortable with lawyers of all stripes. His newest hire for a Georgia probe of election interference is Atlanta attorney Drew Findling, a pro-choice, anti-mass incarceration advocate best known for representing hip-hop luminaries such as Cardi B. Here, Law360 Pulse offers five things to know about Drew Findling.

  • August 12, 2022

    Trump Warrant Shows Espionage, Obstruction Investigation

    Former President Donald Trump is under investigation for obstruction of justice and potential violations of the Espionage Act, according to a search warrant for his Mar-a-Lago property unsealed Friday afternoon.

  • August 12, 2022

    Insurer Fighting Coverage Of $21M LeClairRyan Settlement

    An insurance business has urged a Kansas federal court to rule it has no obligation to defend or indemnify UnitedLex Corp. in an underlying lawsuit in which the legal services company is accused of conspiring to mismanage the joint venture of a law firm on the verge of bankruptcy.

  • August 12, 2022

    Sheppard Mullin Entertainment Atty's Star Turn As Filmmaker

    In his more than 30 years as an entertainment lawyer, Robert Darwell, a partner with Sheppard Mullin Richter & Hampton LLP, has handled virtually every legal aspect of moviemaking, including writing contracts and leases for production offices, arranging financing and securing intellectual property rights. Despite all that exposure to the film world, he'd never actually made a film himself — until now, that is.

  • August 12, 2022

    Judge Orders Scam Claimants In $1B Surfside Deal To Court

    The judge overseeing the consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside, Florida, has ordered the filers of hundreds of presumptively fraudulent claims against the $1 billion global settlement to show up in person in his courtroom to testify under oath.

  • August 12, 2022

    Ex-GC Says Energy Co. Has No Case In Trade Secrets Suit

    The former general counsel of a solar company in New York asked a federal judge to toss a suit that the company brought in May, accusing the lawyer of stealing trade secrets from its digital cloud, arguing the company has no evidence to prove theft.

  • August 12, 2022

    The Quiet Power Of Amy Coney Barrett

    She is not the most talkative at oral arguments nor does she write the most opinions, but Justice Amy Coney Barrett is a key player in the U.S. Supreme Court's conservative majority who seems to be in control over the law's rightward push.

  • August 12, 2022

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    General counsel should be aware of indirect ramifications of the Inflation Reduction Act that's likely to become law, and industry observers are watching how quickly companies will be required to notify officials under new measures that push for more visibility into cyberattacks. These are some of the stories in corporate legal news you may have missed in the past week.

  • August 12, 2022

    Ex-Special Counsel For Jan. 6 Panel Joins Jenner & Block

    Jenner & Block LLP is bringing on a former solicitor general of Virginia and special counsel to the committee investigating the January 6 attack on the capitol as a partner in its appellate practice in Washington D.C., the firm said Friday.

  • August 11, 2022

    USPTO Leadership Touts LEAP Program's Success 2 Years In

    The U.S. Patent and Trademark Office on Thursday celebrated the success of a program designed to give lesser experienced attorneys rare opportunities to develop their oral argument skills, highlighting the benefits participants have gained over the last two years through the program.

  • August 11, 2022

    Cuomo Seeks Legal Fees In Suit Against NY AG James

    Former New York Gov. Andrew Cuomo has sued New York State Attorney General Letitia James, challenging her refusal to pick up the tab for his defense of an ongoing federal sex harassment suit and calling her report accusing him of creating a hostile work environment "deeply flawed."

  • August 11, 2022

    Va. Judge's 'Stupid' Aside May Land Immigrant A New Trial

    The Fourth Circuit ordered the Board of Immigration Appeals on Thursday to consider taking an immigration judge off a deportation case after she apparently derided as "laughable" and "so stupid" testimony from a man facing deportation that he lost fluency in his native language.

  • August 11, 2022

    Quinn Emanuel Launches New Dallas Office With 7 Attys

    Quinn Emanuel Urquhart & Sullivan LLP has opened an office in Dallas, the firm announced Thursday, with seven attorneys staffing a building near Reverchon Park.

  • August 11, 2022

    Ohio Attorneys Can Hold Crypto In Escrow, Ethics Board Says

    Ohio attorneys may hold cryptocurrency in escrow when representing clients, but they must keep funds segregated and ensure they're not facilitating illegal activity, the state's Board of Professional Conduct said in one of the few advisory opinions to address the question.

  • August 11, 2022

    Fla. Court Tosses $17K In Sanctions For Boutique Firm

    Shir Law Group PA will not have to pay $17,000 in sanctions after the Florida Third District Court of Appeal reversed a trial judge's decision as part of a case in which the boutique Boca Raton firm accused opposing counsel of leaking confidential settlement agreements.

  • August 11, 2022

    Fla. Firm Fundraiser For Trial Judge Doesn't Trigger DQ

    A law firm that hosts a fundraiser for a judge's reelection campaign while one of its lawyers is in active litigation in the judge's court is engaged in "ordinary" election activity, a Florida appeals court ruled Wednesday.

  • August 11, 2022

    Debevoise Should Get Win In Phishing Bait Suit, Judge Says

    Debevoise & Plimpton LLP deserves an early win in a trademark suit against two website domains using its name to create phishing emails to try to steal people's sensitive personal information, a Virginia federal judge recommended Wednesday.

  • August 11, 2022

    Garland Defends FBI, Moves To Unseal Trump Search Warrant

    U.S. Attorney General Merrick Garland on Thursday forcefully defended the FBI following its raid that seized government documents from Donald Trump's Mar-a-Lago resort, taking personal responsibility for the decision as he moved to unseal records that could shed light on the search.

  • August 11, 2022

    Constangy Brooks Opens 4th Calif. Office In San Diego

    Constangy Brooks Smith & Prophete LLP has opened its fourth office in California, now serving clients in San Diego, expanding its West Coast footprint with an additional partner and a new space, the firm recently announced.

  • August 11, 2022

    Flint Case Ends In Mistrial After Jurors Cite Mental Health

    A Michigan federal judge on Thursday declared a mistrial in a landmark bellwether case over the Flint water crisis after jurors said their mental and physical health had reached a breaking point.

  • August 11, 2022

    City Must Boost Boardroom And Exec Diversity, Report Warns

    All companies in the professional and financial services sector must widen the pipeline of socioeconomic diversity to help narrow the class divide in senior employment positions, a new government-commissioned report has warned.

  • August 10, 2022

    Calif. Justice Guerrero Tapped As State's 1st Latina Top Judge

    California Gov. Gavin Newsom on Wednesday nominated state Supreme Court Justice Patricia Guerrero — the high court's first Latina jurist — to serve as the state's next top justice, following Chief Justice Tani G. Cantil-Sakauye's decision last month to step down in January 2023.

  • August 10, 2022

    Sen. Graham's Bid To Quash Subpoena Troubles Ga. Judge

    A Georgia federal judge found problems Wednesday in an argument by U.S. Sen. Lindsey Graham, R-S.C., that his legislative privilege defeats a subpoena for him to testify in a Georgia criminal investigation of possible election interference by former President Donald Trump and others.

Expert Analysis

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

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