Courts

  • Judge Refuses To Throw Out Hunter Biden's Gun Indictment

    A Delaware federal judge has rejected Hunter Biden's various attempts to duck felony firearm charges ahead of a trial, in particular slamming his contention that he is being selectively prosecuted because he's the president's son as "nonsensical" and "all speculation."

  • Trump Can't Derail Hush Money Trial Over Media Saturation

    A New York judge overseeing Donald Trump's hush money case on Friday rejected another of the former president's bids to derail trial next week, waving off his complaints that prejudicial media coverage has tainted the jury pool.

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    Fed. Circ.'s Fight With Newman: A Year In Review

    One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.

  • Fed. Circ.'s Competency Feud With Newman Turned Personal

    A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.

  • Charges In Trump Docs Case Aren't Specific, Personnel Say

    Two men charged with conspiring to obstruct the investigation into whether former President Donald Trump illegally retained classified documents at Mar-a-Lago after leaving office urged a Florida federal court on Friday to dismiss the indictments against them, saying they don't specifically allege any crimes.

  • Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

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    Panama Papers Attys Deny Money Laundering At Trial

    Two attorneys who ran the Mossack Fonseca law firm in Panama, at the center of a 2016 leak that produced multiple convictions for tax evasion, pled not guilty with 27 others to money-laundering charges during the first portion of a three-week trial in Panama, according to prosecutors.

  • Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys

    The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.

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    On Eve Of Ethics Trial, Ex-Calif. Bar Head Tries To Gut Case

    Former State Bar of California Executive Director Joe Dunn is trying once again to shut down the bar's disciplinary case against him, on the eve of a trial set to begin next week that centers on a 2014 scandal connected to disgraced plaintiffs attorney Tom Girardi.

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    NY Court System Launches Panel To Study AI Risks, Rewards

    New York's state court system has announced a new statewide advisory panel to study how the potential implementation of artificial intelligence could improve justice in the Empire State, as well as ways to avoid ethical risks posed by the new technology.

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    NYC Bar's Proposed Litigation Funding Reforms, Explained

    New York attorneys could find themselves with new ways to finance their work after the New York City Bar Association suggested changes to the state's long-debated restrictions on nonparty litigation funding.

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    The Case For Flexibility When Regulating Judicial Analytics

    Blanket bans on the collection and use of judicial analytics like the one France instituted in 2019 come with consequences, and regulators must be mindful of their court systems when considering limitations, an April paper argues.

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    Ex-NJ Judge, ADR Pro On The Importance Of Listening

    Francis Orlando, retired Camden County assignment judge and Vaughan Baio & Partners' latest hire in alternative dispute resolution, talked with Law360 Pulse about the skills needed for ADR and how he gained them on the bench.

  • Ex-Philly Union Leader Denied Bench Trial In Extortion Case

    A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.

  • The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • Voir Dire: Law360 Pulse's Weekly Quiz

    Law360 Pulse covered the biggest legal news this week, including new reports on law firm attrition, gender parity in law firms' real estate practice groups, and first quarter law firm combinations. Test your legal news savvy here with Law360 Pulse's weekly quiz.

  • Santos Says Feds Withheld Key Evidence For Over A Year

    Former U.S. Rep. George Santos accused New York federal prosecutors of withholding evidence that he said undermined their fraud and campaign finance charges against him.

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    Kevin Carey, Bankruptcy Bench 'Legend,' Dies At 69

    Former U.S. Bankruptcy Judge Kevin Carey, who served on the Delaware bench for 14 years and was hailed as a "legend in the bankruptcy world," died Thursday at the age of 69.

  • Justices Back Property Owner In Dispute Over Permit Fees

    The U.S. Supreme Court ruled Friday that a $23,420 local traffic impact fee charged to a California property owner's rural manufactured home isn't exempt from scrutiny as a Fifth Amendment taking simply because the charge is allowed by legislation.

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    Justices Limit Shareholder Suits Over Corporate Disclosures

    A unanimous U.S. Supreme Court on Friday ruled that a corporation's failure to disclose certain information about its future business risks, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim.

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    High Court Keeps Arbitration Exemption's Focus On Workers

    The U.S. Supreme Court held Friday that distributors who delivered Tastykake, Wonder bread and other baked goods to retailers may qualify for an exemption from the Federal Arbitration Act that could let them keep their wage-and-hour suit in court.

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    Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box

    As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."

  • CFPB Says Credit Card Shares Disqualifying In 5th Circ. Case

    The Consumer Financial Protection Bureau sparred Thursday with a coalition of trade groups over recusal standards in their Fifth Circuit lawsuit challenging the agency's new $8 credit card late fee rule, arguing that a judge's ownership of stock in a major card-issuing bank ought to be disqualifying in itself.

  • State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

    A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

Expert Analysis

  • Legal Briefs Can Benefit From Cleaned Up Case Citations Author Photo

    Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.

  • 5 Best Practices For Firms Designing DEI Programs Author Photo

    Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs Author Photo

    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Ask A Mentor: How Do I Juggle Billables And Other Activities? Author Photo

    While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.

  • Making Legal Cents: How To Adapt As Clients Tighten Budgets Author Photo

    Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.

  • Spartan Arbitration Tactics Against Well-Funded Opponents Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • General Counsel And Legal Ops Must Work Together Author Photo

    It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.

  • How Generative AI's Growing Memory Affects Lawyers Author Photo

    A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.

  • A Model For Optimal Legal Tech Investment Strategy Author Photo

    Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.

  • Series

    My Nonpracticing Law Job: Recruiter Author Photo

    Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.

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    Ask A Mentor: How Do I Balance Social Activism With My Job? Author Photo

    Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.

  • Personality Tests And Machine Learning Applications In Law Author Photo

    Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.

  • AI Is Reshaping Lawyering: What To Expect In 2024 Author Photo

    The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.

  • Embrace Active Voice In Legal Writing — In Most Cases Author Photo

    Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.

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    Ask A Mentor: How Can I Help Associates Turn Down Work? Author Photo

    Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.

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