Business of Law

  • January 17, 2020

    Law360's Pro Say: Weinstein On Trial

    The first major criminal trial of the #MeToo movement is underway, as disgraced Hollywood mogul Harvey Weinstein stands trial in New York on charges of rape. To explain how we got here and what to watch, the Pro Say podcast is joined this week by Frank Runyeon, who’s in the courtroom covering the case for Law360. 

  • January 17, 2020

    With Roberts' Senate Cameo, Reps. Eye Cameras In Court

    The same day that Chief Justice John Roberts Jr. dominated cable news with his arrival for the Senate impeachment trial, advocates for televising courtroom action used the occasion to press a new proposal to allow video recording at the U.S. Supreme Court and circuit courts.

  • January 17, 2020

    Hogan Lovells Opens US Doc Review Site Alongside Elevate

    Hogan Lovells has partnered with law company Elevate to open a document review facility in Phoenix, Arizona, adding a U.S. outpost to the firm’s four existing legal delivery centers around the world, the firm announced Friday.

  • January 17, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. said companies have 90 days before they face punishment under new Iran sanctions, and Harvard students threatened to boycott Paul Weiss over Exxon. ​​​​​​​These are some of the stories in corporate legal news you may have missed in the past week.​

  • January 17, 2020

    Trump Taps Starr, Dershowitz For Impeachment Defense

    President Donald Trump has expanded the defense team for his Senate trial by adding several veterans of the last presidential impeachment battle, including former independent counsel Ken Starr and Harvard law professor Alan Dershowitz, as well as a pair of lawyers who have already worked with this White House.

  • January 17, 2020

    Firms Eye Growing Startup Scene In Texas 'Silicon Hills'

    Attorneys who work with emerging companies are seeing continued growth in Texas’ startup scene, a trend that’s bringing in new business and catching firms’ eyes.

  • January 16, 2020

    Duane Morris, Satterlee Stephens Set To Combine

    Duane Morris LLP and Satterlee Stephens LLP are on course to combine into an 850-attorney law firm after partners at both firms backed the merger, firm leaders confirmed Thursday.

  • January 16, 2020

    Roberts, Despite Limited Role, Adds Solemnity To Senate Trial

    The chief justice of the United States made the short commute on Thursday from the U.S. Supreme Court to the Capitol to swear in senators for only the third presidential impeachment trial in American history.  

  • January 16, 2020

    Senate Panel's OK Of Trump 11th Circ. Pick Angers Dems

    A Senate panel Thursday forged ahead with a highly contentious nominee to the Eleventh Circuit, casting aside fierce Democratic criticism and moving the nominee to the floor even as the impeachment trial of President Donald Trump threatens to take all of the upper chamber's attention.

  • January 16, 2020

    Law360's The Term: Roberts Talks 'OK, Boomer' In Court

    Political scandals, an internet meme and the president’s impeachment dominated the news coming out of the U.S. Supreme Court this week.

  • January 16, 2020

    Law360's Weekly Verdict: Legal Lions & Lambs

    Wexler Wallace earned a spot on this week's legal lions list after the Seventh Circuit upheld a $20 million pelvic mesh verdict in favor of its client, while Winston & Strawn was among the legal lambs as a result of a $102 million patent verdict leveled against client Wells Fargo.

  • January 16, 2020

    Outspoken SEC Commissioner Jackson To Leave Agency

    U.S. Securities and Exchange Commissioner Robert Jackson, who has vigorously opposed many of the agency's deregulatory moves that he considered a threat to investor protection, said Thursday he will leave office on Feb. 14 to teach at New York University School of Law.

  • January 16, 2020

    Harvard Students Threaten To Boycott Paul Weiss Over Exxon

    A Paul Weiss Rifkind Wharton & Garrison LLP recruitment event Wednesday was interrupted by a group of Harvard Law students, who sang, chanted and threatened the global firm with losing future recruits if it continues to represent ExxonMobil Corp.

  • January 16, 2020

    Attys Can't Pursue Insurer For Cut Of Ex-Client's Settlement

    The Ohio Supreme Court ruled Thursday that a firm looking for a share of a former client's settlement with a subsidiary of Progressive Corp. had to pursue a claim against the client directly and could not hold Progressive accountable for the firm allegedly being cut out of the funds.

  • January 15, 2020

    5th Circ. Calls Gender Pronoun Orders A 'Quixotic' Task

    Granting requests from transgender litigants to change court records to reflect their preferred names and pronouns would be a "quixotic undertaking" that could call into question judges' impartiality, a divided Fifth Circuit said Wednesday.

  • January 15, 2020

    Reed Smith Internal Task Force Will Address Mental Health

    Reed Smith LLP on Wednesday announced a new mental health task force that will, among other things, examine the firm's current offerings for addressing mental health and substance use and try to tackle the stigma around them.

  • January 15, 2020

    Calif., DC Bar Groups Tapped For Mental Health Study

    Bar associations in California and D.C. will be participating in a confidential research project that aims to uncover what is driving the legal industry’s mental health and substance abuse issues.

  • January 15, 2020

    Longest-Serving Calif. Justice To Step Down

    California Supreme Court Justice Ming W. Chin, the longest-serving of the seven current members of the state's high court and its first Chinese American judge, will retire at the end of August, the Golden State court system announced Wednesday.

  • January 15, 2020

    2 BigLaw Alums Among Reps. Prosecuting Trump In Senate

    Two BigLaw veterans and a former federal prosecutor are among the seven impeachment managers appointed Wednesday to act as prosecutors in the coming Senate trial of President Donald Trump on House-approved charges of abuse of power and obstruction of Congress.

  • January 15, 2020

    Former Boies Schiller Lawyers Open 15-Atty Litigation Firm

    Three Boies Schiller Flexner LLP lawyers are bringing together colleagues from their former employer and three other firms to launch a 15-attorney litigation shop with locations in New York and Miami, the latest in a series of recent departures from the legal powerhouse.

  • January 15, 2020

    Profane Atty Says 'Sorry' In Allstate Sanctions Fight

    A Culver City, California, attorney who sent threatening, profanity-laced emails to Allstate's counsel during an insurance coverage suit has reiterated his apologies to the court and told the court that Allstate has submitted an inflated cost and fees estimate in its sanctions request, calling the motion "excessive and unnecessary."

  • January 15, 2020

    BakerHostetler Employment Pro Named To Texas Bench

    President Donald Trump on Wednesday nominated the leader of BakerHostetler's employment practice in Houston to a lifetime seat on the U.S. District Court for the Southern District of Texas.

  • January 15, 2020

    Dentons Sees No Deal On Horizon In Guinea Fee Fight

    Dentons told a D.C. federal judge Tuesday that the firm is not close to reaching a settlement with the Republic of Guinea in a fight over an unpaid $10 million legal bill, despite assertions to the contrary from the defense.

  • January 15, 2020

    Michael Avenatti To Stay In Jail Ahead Of Embezzlement Trial

    A California federal judge on Wednesday remanded Michael Avenatti to federal custody after finding probable cause that the embattled attorney committed mail and wire fraud while awaiting trial on criminal charges that he embezzled client funds to pay his own debts.

  • January 15, 2020

    Roberts Wonders If Workers Can Sue Over 'OK, Boomer'

    Chief Justice John Roberts suggested in court Wednesday that an attorney's position would allow older workers to sue over use of the popular internet put-down "OK, Boomer," indicating he didn’t want an anti-age discrimination statute to be “really just a regulation of speech in the workplace.”

Expert Analysis

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Bankruptcy Ruling Signals Lenience For Student Debtors

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    A New York bankruptcy court's recent ruling in Rosenberg v. N.Y. State Higher Education Services, discharging over $200,000 of a law school grad's student loan debt, could portend a tidal change toward a more pragmatic interpretation of the Bankruptcy Code, and lead to more education loan bankruptcy filings, say attorneys at Rivkin Radler.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • Opinion

    2 Overlooked Advantages Of Hourly Fees

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    Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.

  • Key Risks And Developments For UK Law Firm Culture In 2020

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    In 2020, law firms throughout the U.K. will be increasingly reshaped by rapid changes in societal expectations and advances in technology, say Helen Rowlands and Niya Phiri of Clyde & Co.

  • 5 Things To Watch In Litigation Finance This Year

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    As 2020 arrives, we may see new products and initiatives in litigation finance that we can’t imagine yet, but one thing is clear — this industry is well past its earliest stage and is entering a very active growth spurt, says Ralph Sutton of Validity Finance.

  • 5 Most-Read Access To Justice Law360 Guests Of 2019

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    On topics ranging from public trial rights to electronic monitoring technology to the rules of evidence in the context of sexual harassment trials, 2019 brought a wide array of compelling commentary from the access to justice community.

  • Hottest Legal Industry Guest Topics Of 2019

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    This year guest contributors discussed tips for lawyers combating burnout and dealing with narcissists, how millennials are changing law firm culture, BigLaw’s move toward plaintiff-side litigation and other legal industry trends.

  • Kavanaugh Comment May Spur Crop Of Nondelegation Cases

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    A recent statement from U.S. Supreme Court Justice Brett Kavanaugh suggests he supports reviving a long-dormant doctrine prohibiting Congress from delegating legislative functions to the executive branch on major policy questions, which may trigger an influx of agency overreach issues in courtrooms and regulatory proceedings, say attorneys at Hunton.

  • The Role Of Litigation Finance In The Next Recession

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    If it is true that litigation did not increase during the Great Recession because corporations feared losing lawsuits and money, then litigation finance could provide the final puzzle piece necessary to spur litigation demand in the next recession, says Therium CEO Eric Blinderman.