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Business of Law

One Year Later, Fallout From Jan. 6 Riot Continues In Court

Hundreds of criminal cases over the Jan. 6 riot at the U.S. Capitol remain pending in D.C. federal court. (AP Photo/John Minchillo, File)

The Legal Terminology That Stood Out In 2021

Critical rhetoric theory, computable contract and "I'm not a cat" are among the leading new terms and expressions in law from 2021, according to Burton's Legal Thesaurus.

Queer IP Attys Say It's Time To Break Down The L, G, B & T

Queer attorneys on an American Intellectual Property Law Association panel Tuesday encouraged law firms and companies to stop seeing the LGBTQ community as a monolith and take the needs of each group into account individually.

Legal Sector Adds 2,700 Jobs In November

The U.S. legal sector added 2,700 jobs in November, according to data released by the U.S. Department of Labor on Friday, continuing a steady increase in employment this year despite questions raised late in the month about the rise of the omicron variant.

January 21, 2022
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.
January 21, 2022
Pro Say: The States Leading On Environmental Justice

Environmental justice groups have been working for years to help communities facing health and environmental problems from nearby polluting industries, and three states have recently emerged as leaders in helping the cause.
January 21, 2022
GC Cheat Sheet: The Hottest Corporate News Of The Week

The U.S. Senate will soon consider an antitrust bill aimed at restricting Big Tech's search practices, and the clash between Tesla CEO Elon Musk and Cooley LLP leads to ethical questions about when a law firm is duty-bound to ignore a big corporate client's wishes.
January 21, 2022
'Irretrievable' Client Schisms Not Always How They Appear

"Irretrievable breakdown." For most of us, the phrase brings to mind grim images of marital acrimony, or maybe a divorce court judge banging a gavel on daytime TV. But when you're talking lawyer-client breakups, the phrase can be so much more — a coded "wink wink" to the court, a convenient catchall, and an ethical defense mechanism.
January 21, 2022
Cadwalader, Fried Frank Match Milbank's Pay Scale

Fried Frank Harris Shriver & Jacobson LLP and Cadwalader Wickersham & Taft LLP have opted to match Milbank LLP's latest raising of the bar for associate salaries, hiking their starting salaries for the class of 2021 to $215,000, according to internal memorandums obtained Friday by Law360.
January 21, 2022
BigLaw Lobbying Shops Report Huge Earnings Surge In 2021

Several BigLaw lobbying shops saw their earnings skyrocket in 2021, as a change in administrations, coupled with continued COVID-19 relief efforts and negotiations around massive Democratic spending bills, gave rise to frenzied activity on Capitol Hill.
January 21, 2022
Legal Aid Society Elects Cooley Counsel As Board President

A Cooley LLP attorney will be the next president of the board of directors at the oldest and largest provider of legal aid in the U.S., the New York nonprofit said Friday.
January 21, 2022
DOJ Antitrust Division Names Permanent Deputy

The U.S. Department of Justice has named Doha Mekki as its permanent deputy assistant attorney general for its Antitrust Division, after she first took on the role on an acting basis in November.
January 21, 2022
NY Bar Opens Fund For Attys Struggling With Mental Health

The New York State Bar and the New York Bar Foundation announced Thursday the launching of a fundraising campaign focused on helping attorneys struggling with mental health issues amid the COVID-19 pandemic.
January 21, 2022
Ex-Cuomo Ethics Lawyer Sets Up Shop At Wigdor

A top ethics attorney for former New York Gov. Andrew Cuomo with a deep background representing survivors of sexual violence has joined Wigdor LLP, a New York employment law firm known for representing workers in high-profile bias and sexual harassment cases, the firm said Friday.
January 20, 2022
Judge In Citigroup Bond-Rigging Case Says He Held Co. Stock

The New York federal judge who presided over sprawling investor litigation involving Citigroup held stock in the company while overseeing the bond-rigging allegations, a court clerk informed the parties in the case on Thursday.
January 20, 2022
Meet Calif. Fed. Judge Nominee Ruth Bermudez Montenegro

The Senate Judiciary Committee on Wednesday approved President Joe Biden's second Latina judicial nominee, Judge Ruth Bermudez Montenegro, pushing toward confirmation a jurist with deep roots in California's agriculture-rich Imperial Valley, where she was born and returned after law school to begin her legal career.
January 20, 2022
Lawmakers Weigh Giving Immigration Courts Article 1 Status

Democrats in the U.S. House of Representatives are looking into reforming the immigration court system amid calls to detach immigration courts from the U.S. Department of Justice.
January 20, 2022
Fla. Appellate Judge Scolds Atty For Misgendering Her

A Florida appellate judge used her dissenting opinion in a parental rights case to call out a Miami-based attorney for misgendering her twice in a court filing, saying it "does not appear to be a typographical error."
January 20, 2022
The Term: Three First Amendment Fights

The U.S. Supreme Court this week agreed to hear the case of a high school football coach who prayed with students, weighed whether Boston could refuse to fly a Christian-themed flag, and debated Ted Cruz's challenge to campaign finance law. The Term podcast breaks down a big week in First Amendment law.
January 20, 2022
Biden's Contentious SDNY Pick Reports $1.96M Net Worth

Dale E. Ho, whose nomination to the Southern District of New York bench has taken heavy flak from Republicans on Capitol Hill, reported a net worth of roughly $1.96 million in financial disclosures to the Senate Judiciary Committee.
January 20, 2022
Va. Judge Forced Off IP Case Over Wife's Cisco, Oracle Stock

U.S. District Judge Liam O'Grady has stepped back from a decade-old suit accusing Cisco and Oracle of infringing a TecSec Inc. data encryption patent after finding out his wife has direct control of her stock holdings in the two tech giants.
January 20, 2022
MPs Demand Action On Firms That Sell Legal 'Intimidation'

London-based law firms are selling "intimidation" services to wealthy clients perceived to use legal claims as a way to silence critics by engaging them in costly litigation, British lawmakers claimed during a parliamentary debate on Thursday.
January 20, 2022
Senate Confirms Holly Thomas To 9th Circ.

The Senate confirmed Los Angeles County Superior Court Judge Holly A. Thomas to the Ninth Circuit on Thursday, making her the fourth of President Joe Biden's nominees confirmed to the largest federal appellate court.
January 20, 2022
Milbank Starts 2022 With Another Bump In Associate Pay

New York City-based Milbank LLP is kicking off 2022 by raising its associate pay scale for the second time in less than a year, after increasing salaries in July and sparking an associate pay raise frenzy, Law360 Pulse confirmed Thursday.
January 20, 2022
Unvaxxed NY Judge Defies Courthouse Ban As Others Ousted

An unvaccinated New York state judge barred from his courthouse over COVID-19 concerns has been violating court administrators' orders this month by repeatedly returning maskless while also conducting criminal arraignments by video.
January 20, 2022
Senate Panel Advances 9 Judge Noms, Deadlocks On 3 Others

The Senate Judiciary Committee advanced the nominations of Judge Alison J. Nathan for the Second Circuit along with eight district court picks Thursday, but deadlocked on three trial court nominees who received no Republican support.
January 20, 2022
Trump Spokesman Loses Bid To Reclaim Jan. 6 Bank Docs

A D.C. federal judge on Thursday denied an emergency request by a spokesman for former President Donald Trump to force the congressional Jan. 6 committee to return his private financial records that it obtained from JPMorgan last month, saying the court lacks the authority to tell Congress what to do with subpoenaed documents.
January 19, 2022
7th Circ. Cautiously Affirms Toss Of Discrimination Suit

The Seventh Circuit on Wednesday affirmed the dismissal of a discrimination lawsuit against a temporary employment agency but voiced a "soft note of concern" that the district court drew on the wrong precedent in reaching its decision.
January 19, 2022
Justices Deny Trump Bid To Block Release Of Jan. 6 Records

In a blow to Donald Trump, the U.S. Supreme Court on Wednesday evening rejected the former president's request to block his White House documents from a House select committee investigating the Jan. 6 Capitol riot amid his claims of executive privilege to protect confidential records.

Expert Analysis

The Rising Demand For Commercial Litigators In 2022

Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.
How In-House Counsel Can Make The Case For Settling Early

Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.
To Retain Talent, GCs Should Prioritize Mission Statements

With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.
Recent Bias Suits Against Law Firms And Lessons For 2022

2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.
Associate Hiring Outlook At Law Firms Is Bright For 2022

After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.
Roundup

The Most-Read Access To Justice Guest Articles Of 2021

The access to justice community confronted many big ideas this year, including how to modify law school curriculum to better prepare tomorrow's lawyers, the most pragmatic aspects of criminal justice reform, and the role judges, police, prosecutors and defense attorneys might play in addressing systemic racism.
Roundup

The Most-Read Legal Industry Guest Articles Of 2021

Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.
Roundup

The Most-Read Securities Law360 Guest Articles Of 2021

A number of new issues in the securities landscape piqued Law360 reader interest this year, including shifting regulatory priorities under the Biden administration; the U.S. Securities and Exchange Commission's case challenging the status of Ripple Labs' XRP token; new issues facing special-purpose acquisition companies; and how the growing nonfungible token space will interact with existing law.
Roundup

The Most-Read IP Law360 Guest Articles Of 2021

While the nascent nonfungible token marketplace's intellectual property landscape was the hottest topic this year, Law360 guest experts also dug into the U.S. Supreme Court's Arthrex decision, how the West Texas "rocket docket" affects inter partes review, and a wide variety of statistical analyses concerning patent litigation and prosecution.
Roundup

Cannabis: The Top Law360 Guest Articles Of 2021

This year brought a lot of intrigue in the cannabis space, with guest experts discussing the interplay of federal and state law and legislation, licensing and debt enforcement alternatives in New York's emerging marijuana market, and how to prepare for regulatory due diligence in cannabis-related M&A transactions.
Roundup

Diversity In Law: The Top Law360 Guest Articles Of 2021

With diversity, equity and inclusion a continuing focus for the legal industry this year, guest experts discussed how judges can open the gate to minority practitioners through multidistrict litigation leadership appointments, why law firm diversity goals must be measured similarly to billable hours, and the need for female attorneys to sometimes say no to undervalued office work.
Roundup

Trials: The Top Law360 Guest Articles Of 2021

Expert testimony dominated the list of notable trial guest articles this year, with commentary on pulmonologist Martin Tobin's role in the Derek Chauvin trial, a rule change on expert testimony admissibility, and lessons from Epic v. Apple on new ways to test experts' opinions.
Roundup

Fintech: The Top Law360 Guest Articles Of 2021

It was a busy year for fintech, with Law360 guest authors tracking regulators' evolving stance on cryptocurrency, nascent challenges related to the rising popularity of nonfungible tokens, and early crypto enforcement battles with the U.S. Securities and Exchange Commission.
A Law Firm Leader's Guide To Seeking Effective Feedback

Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.
Series

Embracing ESG: Whirlpool CLO Talks Structural Improvement

As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.