Business of Law

Law Firm Succession Isn't New, So Why Is It So Hard?

Like other firms, Boies Schiller is working to transition to the next generation, but that process has come with a wave of attorney defections. It speaks to the kind of growing pains that, according to experts, make succession planning easier said than done.

Why COVID-19 Could Shrink Your Lavish BigLaw Office

The COVID-19 pandemic has forced BigLaw firms to abandon their most opulent offices and transform their lawyers into remote workers, revealing to many firm leaders that their enormous real estate costs might not be as justifiable as they had been in decades past.

Why It May Pay To Flee BigLaw Now And Form A Boutique

The prospect of leaving the safety of BigLaw to form a boutique in the midst of a crisis like the coronavirus pandemic may sound treacherous, but attorneys who did it a decade ago during the Great Recession say there may be big opportunities for a small startup in this environment.

Don't Fear The Reaper, He's A Florida Attorney

The attorney who's been haunting Florida beaches dressed as the Grim Reaper is no stranger to controversy, but his newest protest is stirring up debate not just about the coronavirus, but the proper conduct for a lawyer.

May 29, 2020
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.
May 29, 2020
Pierce Bainbridge Calls Interim Class Lead Bid Premature

Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."
May 29, 2020
Calif. Judge Probes Avenatti Atty Efficacy Over Virus Worries

A California federal judge questioned whether counsel for Michael Avenatti was able to handle his criminal defense amid the COVID-19 pandemic, zeroing in on the attorney's remarks in a recent status report that his ability to prepare for trial has been "deeply impacted."
May 29, 2020
Stroock Slashes Atty Pay While Grappling With COVID-19

Stroock & Stroock & Lavan LLP on Friday confirmed that pay cuts and buyouts are on deck for its attorneys and some of its staff, the latest in a list of firms to cut pay due to economic hardship spurred by the COVID-19 pandemic.
May 29, 2020
GOP Proxy Voting Challenge Faces Long Odds In Courts

As new House proxy voting rules let lawmakers act remotely during the pandemic, constitutional scholars told Law360 that a Republican lawsuit challenging the procedure has little chance of success. Some former GOP lawmakers expressed reservations about their fellow Republicans' arguments and urged them to support some form of remote proceedings.
May 29, 2020
Leahy, Grassley Want High Court Arguments Televised

Two U.S. senators who previously chaired the Senate Judiciary Committee urged the U.S. Supreme Court on Friday to continue to allow the livestreaming of oral arguments after the COVID-19 pandemic abates.
May 29, 2020
Boies Schiller Adds Alternative Bonus Option Amid Overhaul

As part of its ongoing restructuring, Boies Schiller Flexner LLP is revamping its compensation structure for associates, offering them the option to receive bonuses based on the years they have been with the firm instead of on hours billed, the firm confirmed Friday.
May 29, 2020
As Virus Persists, Law Grads Urged To Rise To Its Challenges

With invocations of legal trailblazers past and present and encouragement to find opportunity in trying times, five high-profile law school commencement speakers, including Joe Biden and Eric Holder, urged graduates to address the inequalities made even more apparent by the pandemic.
May 29, 2020
Law360's Pro Say: COVID Crimes Crackdown

Over the past few weeks, federal prosecutors have launched a wave of criminal cases accusing people of trying to take advantage of the COVID-19 pandemic.
May 29, 2020
NJ's Judicial Vacancies To Collide With COVID-19 Crisis

The ongoing ban on New Jersey state jury trials due to the COVID-19 pandemic could make a bad situation even worse for courts already facing judge shortages as they struggle to get through the cases piling up during the crisis, leading to further gridlock in Garden State litigation.
May 29, 2020
Funder Wants Out Of Pierce Bainbridge Representation Case

Litigation funder Pravati Capital LLC moved to exit a suit filed by a Pennsylvania attorney against it and Pierce Bainbridge over the alleged theft of a case involving the Gears of War video game, saying that since the case was unsuccessful, any claim against the funder for unjust enrichment was invalid.
May 29, 2020
GC Cheat Sheet: The Hottest Corporate News Of The Week

As the COVID-19 pandemic continues, the Centers for Disease Control and Prevention has offered guidance to companies on how to reopen, and the IRS has provided added deadline relief to some employers and employee plans. These are some of the stories in corporate legal news you may have missed in the past week.
May 29, 2020
Pittsburgh State Courts Start To Reopen, But Slowly

State courts in Allegheny County, Pennsylvania, will begin to reopen to the public for nonjury trials and other proceedings as the state loosens its COVID-19 pandemic restrictions, but will still conduct as much work as possible remotely through the end of August, according to the courts' latest updated emergency plan.
May 29, 2020
Titan Of The Plaintiffs Bar: Hagens Berman's Steve Berman

Like many children who came of age in the late 1960s and early '70s, Steve Berman's early adulthood was defined by the Vietnam War. His father had been in the military and supported the war, at least initially, but his mother was an outspoken liberal and bitterly opposed it, as did the young man who would later go on to found one of the nation's most successful class action law firms.
May 28, 2020
Seattle Fed. Courts May Not Hold Trials Until 2021, Judge Says

A Seattle federal judge made an educated guess this week that civil and criminal jury trials in the Western District of Washington will likely not resume until at least 2021 due to the spread of the deadly coronavirus.
May 28, 2020
DOJ Says BigLaw Firms Put FBI Agent At Risk Of COVID-19

Major drug companies represented by Covington & Burling LLP and other BigLaw firms "jeopardized the health" of an FBI agent by serving subpoenas at his home during the COVID-19 pandemic, according to a U.S. Department of Justice filing in opioid crisis litigation.
May 28, 2020
Fla. High Court Says Suspended Attys Can't Contact Clients

The Florida Supreme Court on Thursday amended Florida bar rules to ban suspended or disbarred attorneys who work for legal services providers from being supervised by former subordinates and from contacting clients.
May 28, 2020
Is Pandemic Stunting The Next Generation Of Lawyers?

With COVID-19 shuttering courtrooms, and firms canceling their summer programs or shifting them online, young lawyers may have trouble gaining experience. But seasoned attorneys are finding new ways to mentor the next generation during the pandemic.
May 28, 2020
The Top In-House Hires Of May

Legal department hires during May included high-profile appointments at Boeing, Bed Bath & Beyond and Spotify. Here, Law360 looks at some of the top in-house announcements from the past few weeks during the COVID-19 outbreak.
May 28, 2020
The Term: Roberts On Lessons Of The Pandemic

The team recaps the U.S. Supreme Court's latest COVID-19 decision, this one involving an Ohio federal prison in the midst of a deadly outbreak, as well as what Chief Justice John Roberts misses most about the world before the pandemic.
May 28, 2020
Block & Leviton Opens Del. Office, Hires Managing Partner

Block & Leviton LLP has opened a new office in Delaware led by a seasoned corporate attorney who has handled notable litigation in the First State, the firm has announced.
May 28, 2020
In NY, Women's Share Of Lead Atty Roles Has Barely Budged

The percentage of women who snag lead counsel roles in court cases in New York state has not increased significantly over the last three years, hovering at around 25%, according to a report released Thursday.
May 28, 2020
Day Pitney Drops Summer Program As 3 More Going Virtual

In response to the coronavirus pandemic, Day Pitney LLP confirmed Thursday that it has canceled its 2020 summer associate program, while three more law firms said they are moving their programs forward but hosting them remotely.
May 28, 2020
Morgan Lewis Nabs Investment Fund Team From MoFo

Morgan Lewis & Bockius LLP has added a four-person team of attorneys from Morrison & Foerster LLP to its investment funds practice in London.
May 28, 2020
Philly Firm Sues Insurer Over COVID-19 Losses

Philadelphia-based business and commercial law firm Spector Gadon Rosen Vinci PC has filed suit against its insurance company in Pennsylvania state court, saying the company wrongly refused to approve a claim the firm filed after its offices were closed due to the COVID-19 pandemic.

Editor's Picks

Law360 Names Practice Groups Of The Year

Law360 congratulates the winners of its 2019 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.
Law360 MVP Awards Go To Top Attorneys From 76 Firms

The elite slate of attorneys chosen as Law360's 2019 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
The 2019 Law360 Diversity Snapshot

U.S. law firms have long touted their commitment to diversity and inclusion. But those goals still seem far from being realized. Law360’s annual Diversity Snapshot indicates only marginal progress on racial and ethnic diversity in the attorney workforce from year to year, even as demands grow from clients expecting more diverse legal teams.

Expert Analysis

Avoiding Inadvertent Privilege Waivers In E-Communications

Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
5 Tips For Drafting Effective Legal Billing Guidelines

To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.
Opinion

Don't Cancel Your Summer Associate Programs

While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
Opinion

Credibility Concerns About Virtual Arbitration Are Unfounded

Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
Q&A

Coping With A Pandemic: Trial Lawyer Mark Beck

As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Pasadena-based Mark E. Beck, founder of Beck Law PC specializing in white collar criminal defense and investigations.
A Lawyer's Guide To Client Service Continuity Planning

Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.
Virtual Meetings Could Be Fertile Ground For Legal Discovery

Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.
Opinion

It's Time To Fix New York's Notary Problem

Eliminating New York's notarized affidavit requirement for court submissions, or at least allowing remote notarization, would reduce the time and expense associated with securing a notary and minimize stress for lawyers and their clients, say Russell Yankwitt and Dina Hamerman at Yankwitt.
Contingent Fees A Great Option For Cos. During Downturn

In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.
Opinion

Flynn Judge Should Not Change Role Of Amicus Curiae

As an appellate attorney who has authored numerous amicus briefs, I am deeply concerned about some fast-moving developments in the case of former Trump national security adviser Michael Flynn, where a D.C. federal judge is transforming amici curiae into 11th-hour prosecutorial intermeddlers, says Lawrence Ebner at Capital Appellate.
The Role Of Remote Mediation After The Crisis Is Over

When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.
7 Steps To Romancing The Virtual Classroom

Excerpt from Lexis Practice Advisor

For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.
Key Return-To-Work Considerations For Law Firms

There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.
Q&A

Coping With A Pandemic: Pillsbury's Amanda Halter

As society continues to adapt to COVID-19, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Amanda Halter, managing partner of Pillsbury's Houston office and a member of the firm's environmental and natural resources practice.