Business of Law

  • November 15, 2019

    How New Justice Blazed Trail From Miss. To Del.'s Top Court

    Newly confirmed Delaware Supreme Court Justice Tamika Montgomery-Reeves took a roundabout path from her Mississippi birthplace to a spot as the first African American on the First State's highest bench, coming to the court from a life deep in the law, but without the often native local and northeastern ties of her colleagues.

  • November 15, 2019

    Law360's Pro Say: Yoga Won’t Fix The Billable Hour

    The nation’s top law firms talk a lot about mental health these days, rolling out meditation apps, yoga classes and other efforts to fight attorney burnout. But if the industry really wants to combat alarming rates of depression, alcoholism and suicide, experts say it will require more fundamental changes. Law360 senior reporter Natalie Rodriguez joins Law360's Pro Say this week to discuss. 

  • November 15, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    An investor told a federal court that a California measure asking companies to meet a quota of female board members is unconstitutional, and a study showed that men and women at firms don't see eye-to-eye on the effects of efforts to promote gender parity. These are some of the stories in corporate legal news you may have missed in the past week.​

  • November 15, 2019

    Law360 Names Attys Who Moved Up The Firm Ranks In Q3

    A promotion to partner or election to practice group chair means lots of well-deserved recognition within a firm and in the larger legal community. Law360 reveals the list of attorneys whose commitment to excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the third quarter of the year.

  • November 14, 2019

    Kavanaugh Cracks Jokes, Thanks Allies In First Major Speech

    U.S. Supreme Court Justice Brett Kavanaugh struck a humorous and, at times, emotional tone in his first major public remarks Thursday since last year's bruising confirmation, cracking jokes about Matt Damon's "Saturday Night Live" parody of him while thanking his allies in a speech to the Federalist Society.

  • November 14, 2019

    Law Firm's Nondisparagement Pact Illegal, NLRB Memo Says

    Missouri-based Stange Law Firm PC imposed an illegal nondisparagement agreement on employees and would have violated federal labor law if it kept pursuing legal action over negative online job reviews, the National Labor Relations Board general counsel’s office said in a new guidance memo.

  • November 14, 2019

    Law360's The Term: Can DACA Survive The High Court?

    On this week’s episode, the team breaks down Tuesday’s blockbuster U.S. Supreme Court arguments over the fate of the Deferred Action for Childhood Arrivals program with the help of a special guest, senior immigration reporter Suzanne Monyak.

  • November 14, 2019

    What's In A Name? A Lot, Penn Law Alumni Say

    Fearing a potential weakening of their alma mater's reputation, thousands of alumni of the newly rechristened University of Pennsylvania Carey Law School have banded together online to oppose the school's move to ditch its "Penn Law" moniker following a record $125 million donation.

  • November 14, 2019

    Supersize Me: Will More Firms Merge Their Way To The Top?

    A burst of news this week about possible mergers among large law firms reflects an urgency across the industry to remain competitive as 500- to 750-lawyer firms struggle to keep up with law's ever-burgeoning behemoths, experts say.

  • November 14, 2019

    Wells Fargo GC Who Served As Interim CEO To Depart

    Wells Fargo's general counsel said he anticipates he will leave the company in March, about one year after the former Cravath attorney began a now-completed stint as the banking giant's interim CEO and president in the wake of a fraudulent account scandal and other alleged consumer abuses.

  • November 14, 2019

    Law360's Weekly Verdict: Legal Lions & Lambs

    Perkins Coie is a legal lion this week for helping Seyfarth Shaw escape a Racketeer Influenced and Corrupt Organizations Act lawsuit, while Arguedas Cassman Headley & Goldman landed among the legal lambs after a Boston federal judge sentenced a "Varsity Blues" parent to six months in prison.

  • November 14, 2019

    Women And Men Don't See Eye-To-Eye On BigLaw Parity Push

    Even as many firms try to promote gender parity within their ranks, male and female attorneys have wildly different impressions of how well those efforts are going and report markedly different treatment in BigLaw, according to a new study from the American Bar Association.

  • November 14, 2019

    2nd Circ. Pick Menashi Confirmed With 1 GOP Defection

    Despite vociferous liberal opposition and one GOP defection, the Senate on Thursday narrowly voted to confirm controversial White House lawyer Steven J. Menashi to the Second Circuit, where he will flip the panel's majority to Republican appointees.

  • November 14, 2019

    Drinker Biddle, Faegre Baker Latest Firms To Eye Tie-Up

    Philadelphia-based firm Drinker Biddle & Reath LLP is currently in merger talks with Minneapolis-based Faegre Baker Daniels LLP, the firms confirmed Thursday.

  • November 13, 2019

    Senate Finally Moving On Calif. Trial Court Picks

    After years without action on any federal trial court nominees for California, the Senate Judiciary Committee on Wednesday warmly received two picks for the Golden State's busy Central District, where caseloads have climbed since the last new judge arrived five years ago.

  • November 13, 2019

    NY Court Consolidation Plan Won't Pass Without A Fight

    A sweeping proposal to simplify New York’s byzantine court system got off to a rocky start Wednesday at a legislative hearing that was quickly consumed with concerns over power, diversity and other issues, leading one state senator to remark that the project “may not be one big ‘Kumbaya’” after all.

  • November 13, 2019

    Arnold & Porter Faces DOJ Probe Into Immigration Hiring Bias

    Arnold & Porter has been under investigation for a year by the federal agency that probes employment discrimination based on immigration status, according to a filing in an attorney's administrative case alleging she was denied a job after refusing to divulge her citizenship.

  • November 13, 2019

    Calif. Bar Exam Leak Caused By 'Human Error,' Report Finds

    "Human error" caused a list of essay topics to be sent to law school deans before this summer's California bar exam, according to a report released Wednesday following a California Supreme Court investigation.

  • November 13, 2019

    House Approves Permanent, Global Security For Justices

    A bill to extend and expand police protection for U.S. Supreme Court justices easily passed the U.S. House of Representatives on Wednesday, teeing up a Senate vote on a bipartisan measure that would allow bodyguards to accompany the justices on overseas travel.

  • November 13, 2019

    Troutman Sanders, Pepper Hamilton Eyeing Possible Merger

    Troutman Sanders LLP and Pepper Hamilton LLP are discussing a possible combination that, if successful, would be the largest merger in the industry so far this year and would create a law firm with more than 1,000 attorneys, the firms confirmed Wednesday.

  • November 13, 2019

    Law Firm Leaders: Fox Rothschild's Mark Morris

    Mark L. Morris has served as firmwide managing partner of Fox Rothschild since 2016. Here, Morris chats with Law360 about how the firm approaches integrating new attorneys and its plan for future growth.

  • November 13, 2019

    Justice Ginsburg Misses Arguments Due To Illness

    Justice Ruth Bader Ginsburg was absent from Wednesday's arguments at the U.S. Supreme Court due to a "stomach bug," a court spokeswoman said Wednesday. She will participate in the cases from home by reading the briefs and listening to recordings of the arguments.

  • November 12, 2019

    Clyde & Co. Nabs Legal Ethics Trio From Hinshaw

    Three seasoned professional responsibility and legal malpractice experts from Hinshaw & Culbertson LLP have jumped to Clyde & Co. LLP, the firm announced Tuesday.

  • November 12, 2019

    BigLaw Firms Fall In Line With 2019 Associate Bonuses

    BigLaw associate bonus announcements have started flooding in, with at least five law firms following Milbank's lead as of Tuesday, unveiling mostly uniform year-end bonuses ranging from $15,000 to $100,000 based on experience.

  • November 12, 2019

    Law Firm Revenues Inch Up As Expenses Level Out

    Associate base salary raises adopted by many BigLaw firms in the middle of 2018 and subsequently absorbed by the legal industry, combined with improved demand and strong rate increases, have eased margin pressure, according to a report out Tuesday by Citi Private Bank.

Expert Analysis

  • Opinion

    Proposal To Reform NY Court System Is Not Affordable

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    New York Chief Judge Janet DiFiore's proposed reform of the state's courts is flawed because it will dramatically increase judges' salaries and retirement benefits even though New York already has the most expensive court system per capita in the United States, says Michael Friedman, former president of the Albany County Bar Association.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Best Practices For US-Canada Virtual Mass Tort Teams

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    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.

  • Atty Arbitration Case Provides Compliance Road Map In Calif.

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    While the U.S. Supreme Court’s recent decision not to review California’s arbitration agreement framework in Winston & Strawn v. Ramos means current case law stands, employers now have a solid game plan for crafting defensible arbitration agreements that comply with state law, says Anthony Guzman at Fisher Phillips.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.