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Business of Law

Law360 Names 2021's Top Attorneys Under 40

We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

COVID Takes A Toll On Women's Legal Careers

Women in the legal industry cut down their hours, took leave, or quit when the pandemic toppled the precarious balance of work and life. Will the coronavirus exacerbate gender inequities in BigLaw, even when life returns to normal?

Biden Appointments, BigLaw Hires Signal Hot Antitrust Scene

Recruiting efforts both inside the federal government and among major corporate defense firms are beginning to provide a snapshot of what the antitrust space could look like during President Joe Biden's tenure in the White House.

The Leadership Dilemma Law Firms Face Amid COVID-19

Law firms of all sizes are grappling with whether to keep leaders on longer to maintain a sense of consistency and normalcy amid the global crisis or to implement a transition to bring in new perspectives and ideas.

July 27, 2021
Pa. Justices Redo Anti-Bias Ethics Rule After Courtroom Loss

The Pennsylvania Supreme Court has adopted a revised version of a new ethics rule that could subject attorneys to disciplinary action for engaging in discrimination or harassment after a federal judge blocked an earlier draft of the rule over First Amendment concerns.
July 27, 2021
Senate Confirms Biden Pick For DOJ Environmental Chief

The U.S. Senate on Tuesday confirmed with a bipartisan majority President Joe Biden's pick to lead the U.S. Department of Justice's environmental division, a former Reed Smith LLP partner.
July 26, 2021
Goldberg Segalla Beats Suit By Atty Who Left Early For Yoga

A fired Goldberg Segalla LLP partner's "dishonesty, low productivity, and poor leadership" gave the firm plenty of cause to terminate him — cause the firm didn't need because he was an at-will employee — a California federal judge said before dismissing the data privacy attorney's breach of contract suit Friday.
July 26, 2021
After Girardi, Calif. Bar Eyes Random Trust Account Audits

The State Bar of California, facing accusations it mishandled investigations into allegations that plaintiffs lawyer Thomas V. Girardi stole from his clients, announced Monday it will consider conducting random audits of client trust accounts and updating the rules and laws that underpin its discipline system.
July 26, 2021
Impeachment Witness Wants $1.8M Suit In Claims Court

Former President Donald Trump's EU ambassador, who is suing ex-Secretary of State Mike Pompeo and the Biden administration for $1.8 million in legal fees incurred during the 2019 House impeachment probe, told a D.C. federal court that the prosecution's recent admission warrants transferring the case to the U.S. Court of Federal Claims.
July 26, 2021
Fired Atty Takes Sex Bias Suit Over Parental Leave To 1st Circ.

An attorney who said his firm slashed his workload and then fired him for seeking parental leave told a Massachusetts federal court Monday that he would ask the First Circuit to nix a decision booting his suit to arbitration.
July 26, 2021
WDNY's 1st Female Chief Takes Helm At Critical Juncture

U.S. District Judge Elizabeth Ann Wolford, who last week became the first woman to serve as chief judge in the 120-year history of New York's Western District, spoke with Law360 on Monday about diversity in the district and how Congress could help ease the judges' heavy caseload.
July 26, 2021
GC's Talks With Worker Who Sued For Age Bias Not Privileged

A Michigan federal court refused to let a steel company's general counsel avoid giving a deposition in a former worker's age bias suit, ruling that the lawyer's discussions with the ex-employee about perceived discrimination weren't privileged.
July 26, 2021
Girardi Ch. 7 Trustee Must Give Discovery In Contempt Fight

An Illinois federal judge on Monday ordered the Girardi Keese law firm's bankruptcy trustee to hand over documents to two of the firm's ex-partners who say they need the information to defend themselves at a contempt hearing related to claims they covered up the alleged theft of $2 million in client settlement funds.
July 26, 2021
8 Tapped For US Atty, Including Nominees For NY, DC

President Joe Biden on Monday announced a diverse slate of nominees to lead the U.S. Attorney's Office in the District of Columbia, Indiana, Maryland, Massachusetts, New York and Washington state — several of whom would be historic firsts, including the first Black or female chief federal law enforcement officers to run their districts.
July 26, 2021
The Law360 400: Tracking The Largest US Law Firms

As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.
July 26, 2021
Where Have All The Associates Gone?

Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.
July 23, 2021
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.
July 23, 2021
McSwain 'Partisan Disgrace' Letter Puts Firm In Awkward Spot

While Duane Morris LLP has sought to distance itself from comments made by firm partner and former U.S. attorney William McSwain calling Pennsylvania's presidential election a "partisan disgrace," the firm's ongoing work fighting claims of election irregularities in the state raises questions about possible conflicts, experts say.
July 23, 2021
Pro Say: New York's Weed Law Aims For A True Clean Slate

Earlier this year, New York joined the growing list of states to legalize recreational marijuana. On this week's episode of the Pro Say podcast we talk about how the Empire State's law goes a step further by automatically expunging hundreds of thousands of cannabis-related criminal convictions and what effect that could have in other states.
July 23, 2021
Supreme Court Bar Baffled By 'Unusual' Delay In SG Selection

President Joe Biden has yet to name his permanent choice to the position of solicitor general six months into his first year in office, leaving court watchers and U.S. Supreme Court practitioners to speculate what's causing the hold-up for one of the top posts in the U.S. Department of Justice.
July 23, 2021
Firms Vie For CFIUS Attys As 'Black Box' Panel Extends Reach

An interagency government committee that conducts national security reviews of foreign investments has played an increasingly active role in recent years, fueling a battle among top Washington, D.C., practices for attorneys versed in working with the panel, which has a reputation for operating in a "black box."
July 23, 2021
GCs, Compliance Chiefs Urge Action On Disability Inclusion

Top attorneys from The Coca-Cola Co., GlaxoSmithKline LLC, Unilever PLC and other large companies have banded together to call on other general counsel and chief compliance officers to improve the inclusion of those with disabilities in their departments.
July 23, 2021
Black IP Atty Asks Justices To Rule Title VII Covers Partners

A Black attorney who said she faced sexist and racist backlash after she complained about the way intellectual property firm Myers Bigel PA treated women is urging the nation's highest court to hold that Title VII — the cornerstone federal workplace discrimination law — can cover law firm shareholders.
July 23, 2021
GC Cheat Sheet: The Hottest Corporate News Of The Week

After Morgan Stanley's chief legal officer urged firm lawyers to return to the office, his peers at other major banks spoke out about their plans, and LeClairRyan's former general counsel pled guilty to a criminal obstruction charge. These are some of the stories in corporate legal news you may have missed in the past week.
July 23, 2021
Schiff Hardin Boosts Associate Pay

Schiff Hardin LLP is the latest law firm to offer associates raises as BigLaw shops scramble to retain talent in a competitive market for junior attorneys, leadership there confirmed Friday.
July 23, 2021
Shearman & Sterling To Require In-Office Work 3 Days A Week

Shearman & Sterling LLP has laid out a remote work policy for its global workforce, with attorneys required to work in the office three days a week starting Sept. 13, according to the firm.
July 22, 2021
Senate Confirms 7 Senior National Security Nominees

The U.S. Senate on Thursday confirmed seven senior national security nominees, including a former Gibson Dunn & Crutcher LLP partner as the U.S. Department of Defense's top legal officer and a new leader for the National Nuclear Security Administration.
July 22, 2021
Ex-LeClairRyan GC Cops To Obstructing Embezzlement Probe

LeClairRyan's former general counsel pled guilty to a criminal obstruction charge on Thursday, part of a plea agreement with federal prosecutors who accused the disbarred attorney of impeding a U.S. Trustee Program proceeding in 2019.
July 22, 2021
Judicial Nominees Advance As GOP Knocks 1st Circ. Pick

Despite Republican opposition to the appellate candidate, three federal judicial nominees are one step closer to joining the First Circuit and district courts in Massachusetts and New Jersey after Senate committee votes Thursday.

Expert Analysis

Series

Embracing ESG: Exelon GC Talks Diversity Initiatives

Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.
Revamping Law Firm Marketing Lists — With Partner Buy-In

Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.
The Murky World Of Legal Rankings Gets Some Clarity In NJ

New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.
Series

Embracing ESG: Cigna Counsel Talks Employee Wellness

Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.
Hybrid Work Models Are Key To Gender Parity In Law Firms

To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.
How Law Firms Can Market To Growing Hispanic Community

Hispanics constitute one of the fastest growing minority populations in the U.S., and with a young median age and broad technology use, forward-looking firms should consider digital marketing strategies to build a loyal client base, say Natalie Fragkouli and Liel Levy at Nanato Media.
3 Keys To Winning Your Next Oral Argument

To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.
Keys To Efficient And Accurate Doc Review For E-Discovery

Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.
Series

Embracing ESG: Raytheon GC Talks Climate Change

Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.
Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.
How To Avert Media Narrative And Get A Fair High-Stakes Trial

Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.
Opinion

State Courts' Stark Lack Of Diversity Demands Action

With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.
Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.
Opinion

We Need Reliable Data On Patent Agent, Atty Gender Diversity

New U.S. Patent and Trademark Office data showing that four times as many women become patent agents compared to patent attorneys is likely not accurate, and a better measure involves investigating registered attorneys' and agents' statuses over time, says Christopher Turoski at the University of Minnesota Law School.
Navigating Inadvertent Attorney-Client Privilege Waivers

Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.