Business of Law

How Associate Life Has Evolved Over The Past Decade

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

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'

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

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

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

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

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

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

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

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

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

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

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

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

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.