Business of Law

  • September 20, 2019

    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.

  • September 20, 2019

    House Lawmakers Pitch Bill To Switch Up Bankruptcy Venues

    A bipartisan group of House lawmakers has introduced a bill that aims to end New York and Delaware’s long-standing dominance as bankruptcy hubs by forcing companies to file their restructurings where they conduct most of their business, after a nearly identical measure died last year in the Senate.

  • September 20, 2019

    Law360's Pro Say: The Courts Have Left Native Women Behind

    Violence against Native American women in the United States is at epidemic levels, and efforts to hold perpetrators accountable in court can be complicated by a maze of jurisdictional issues. On this week's Pro Say podcast, we talk about those challenges.

  • September 20, 2019

    GCs Unveil $5M Plan For BigLaw Diversity 'Laboratories'

    A group of 26 general counsel and other high-ranking corporate legal officers at major corporations on Friday announced a $5 million initiative aimed at developing new strategies to increase diversity in BigLaw, saying that progress in this area has lagged both in firms and in corporate legal departments.

  • September 20, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    In-house leaders shared the factors they consider before using litigation finance, and a report found that large companies have increased their outside counsel litigation spending by 20% over the last four years. These are some of the stories in corporate legal news you may have missed in the past week.​

  • September 20, 2019

    Trump Taps 2 For 9th Circ., 4 For Trial Courts In Calif.

    President Donald Trump announced two Ninth Circuit nominations Friday along with four picks for district courts in California, renaming an appellate pick who previously faced fierce opposition in the Senate from home state legislators.

  • September 19, 2019

    NY District Court Pick Pulled Amid Home Senator's Opposition

    The White House announced the withdrawal of a judicial pick Thursday, pulling Thomas Marcelle's nomination to be a federal district judge in the Northern District of New York amid long-running opposition from one of the state's Democratic senators.

  • September 19, 2019

    Class Cert. Denied In ERISA Suit Against Tort Firm 401(k) Plan

    An Andrus Wagstaff PC 401(k) plan participant can't turn her Employee Retirement Income Security Act suit into a class action accusing Nationwide of intentionally overcharging the law firm's plan for record-keeping services, an Ohio federal judge ruled Thursday, saying her class definitions were overbroad.

  • September 19, 2019

    Sacramento Home Of Orrick, DLA Piper To Sell For $199M

    The Sacramento office building that houses Orrick, DLA Piper and Jackson Lewis outposts will be snapped up for $199 million by a Manulife Financial Corp. real estate investment arm, according to an announcement Thursday.

  • September 19, 2019

    Bathroom Break Shouldn't Nix Jury Trial, Texas Panel Says

    A lower court judge should not have canceled a jury trial because an attorney in the case left court to go to the bathroom shortly before a pretrial hearing was called, a Texas appeals court ruled Thursday.

  • September 19, 2019

    Sens. Push Permanent Security For Supreme Court Justices

    A pair of senators introduced a bill Thursday to add permanent additional security for U.S. Supreme Court justices, since the current authorization to protect them while off court grounds is set to expire at the end of the year.

  • September 19, 2019

    What In-House Counsel Weigh Before Using Litigation Finance

    When the leaders of a corporate legal department look for a third-party litigation funder, they often consider not only the cost but other components, including business reputation, according to a panel of experts at a conference Thursday.

  • September 19, 2019

    DOL Nominee Scalia Calls 'Fowl' On Democrat Critics

    Will Gibson Dunn & Crutcher LLP attorney Eugene Scalia, who has spent much of his career representing businesses, be an effective advocate for workers if confirmed as head of the U.S. Department of Labor? Ask the chicken processors he scored a $10 million settlement for when he worked in George W. Bush's DOL, the nominee said at his confirmation hearing Thursday. 

  • September 19, 2019

    Law360's Weekly Verdict: Legal Lions & Lambs

    Akerman snagged a spot among the week’s legal lions after a jury awarded its model clients nearly $1 million for a swingers club’s unauthorized use of their images, while Hanshaw Burink was among the legal lambs with a loss at the Sixth Circuit for a client fired after golfing during medical leave.

  • September 18, 2019

    Law Firm Leaders: Fisher Phillips' Roger Quillen

    Roger Quillen has served as chairman of labor and employment law firm Fisher Phillips for the last 20 years. Here, Law360 chats with Quillen about the firm’s recent growth spurt, its strategies for luring top talent and the one quality he thinks associates need to have to succeed.

  • September 18, 2019

    Retired Del. Judge Kevin Carey Jumps To Hogan Lovells

    Hogan Lovells announced Wednesday that retired U.S. Bankruptcy Judge Kevin J. Carey will become a partner in its business restructuring and insolvency practice on Oct. 1, joining the global firm after nearly 20 years on the bench, mostly in Delaware's busy bankruptcy court.

  • September 18, 2019

    Key GOP Senator 'Real Doubtful' On 2nd Circ. Nominee

    A Republican member of the Senate Judiciary Committee voiced doubts Wednesday about President Donald Trump's pick for the powerful Second Circuit appeals court, putting the nomination in question given the thin margins on the committee and in the chamber.

  • September 18, 2019

    Outside Counsel Litigation Spending Has Soared, Clients Say

    Large corporations have increased their outside counsel litigation spending by 20% over the last four years, and those same clients predict they will spend an additional $1.3 billion on outside counsel for litigation in 2020, according to a report released Wednesday.

  • September 18, 2019

    The 4 Firms That Scare General Counsel The Most

    Four law firms strike fear in the hearts of their litigation opponents more than any other in the industry, according to a report released Wednesday that dubs the firms the “fearsome foursome.”

  • September 18, 2019

    Use Of 3rd-Party Litigation Financing By Cos. Likely To Grow

    There will be a coming "explosive growth" in the use of commercial litigation finance by companies, not just to fund litigation but also to monetize claims, a panel of experts predicted Wednesday.

  • September 17, 2019

    Brown Rudnick Energy Head Tapped As API's Top Lawyer

    The American Petroleum Institute tapped the co-head of Brown Rudnick LLP's energy and environmental practice, who's also a veteran regulator and lobbyist, to serve as the petroleum industry group's top lawyer.

  • September 17, 2019

    Mass. Judge Indictment 'Shatters' State Power, Law Profs Say

    A group of 15 law professors from around the country filed an amicus brief Tuesday in support of a Massachusetts state judge accused of helping a man escape federal immigration authorities, saying the case "shatters" the balance of power between state and federal government.

  • September 17, 2019

    Quinn Emanuel Wants Out Of $8.9M Arbitration Award Row

    Quinn Emanuel urged a California federal judge on Monday to let the firm withdraw as counsel for a broke Indian yarn company that was ordered to pay $8.9 million to two U.S. cotton suppliers after an unsuccessful antitrust suit against them.

  • September 17, 2019

    Legal Tech Co. Ironclad Raises $50M In Series C Round

    Legal technology company Ironclad Inc. brought in $50 million in a Series C funding round steered by Fenwick & West LLP, the company announced Tuesday, bringing the startup's total funding to $84 million.

  • September 17, 2019

    Fed. Court Leaders Revamp Plan For Misconduct Complaints

    In their latest #MeToo-era move, federal court leaders on Tuesday approved a new-and-improved process for addressing employee complaints of sexual misconduct and workplace discrimination.

Expert Analysis

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • New Insights On Privilege, Ethics Duties For In-House Attys

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    A New York federal court's recent decision in Fischman v. Mitsubishi Chemical Holdings dispels the notion that in-house legal advisers are prohibited from using information about their employers in pursuing discrimination claims against them, says Jessica Westerman at Katz Marshall.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.