Business of Law

  • September 22, 2023

    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.

  • September 22, 2023

    Pa. Judge Eyes Ex-SEC Lawyer's Bias Suit With Skepticism

    A Pennsylvania federal judge on Friday appeared skeptical of a former U.S. Securities and Exchange Commission lawyer's age and race bias lawsuit against the agency as her counsel struggled to provide the judge with hard evidence that her client was denied a promotion because of discrimination.

  • September 22, 2023

    'Boogaloo' Ideology Swayed Driver in Court Murder, Jury Told

    A man charged with driving the getaway vehicle during the fatal 2020 shooting of a federal courthouse security guard was driven by the extremist "Boogaloo" ideology, a desire to overthrow the government and "deep animosity" for the judicial system, prosecutors told jurors during trial closing arguments on Friday.

  • September 22, 2023

    4 Takeaways For Benefits Attys After Judge Clears ESG Rule

    A Texas federal judge's decision finding the U.S. Department of Labor's socially conscious investing rule didn't violate federal law represents a significant legal victory for the DOL at a time the agency's broader rulemaking efforts are under fire, attorneys say.

  • September 22, 2023

    Jan. 6 Atty Says Ex-Prosecutor's Tweet Is 'Insidious Lie'

    Stefan Passantino, a former Trump administration attorney who represented former aide Cassidy Hutchinson during the House select committee's investigation into the Jan. 6 insurrection, on Friday accused former federal prosecutor Andrew Weissmann of defamation for posting a tweet claiming Passantino coached Hutchinson to lie during her congressional testimony.

  • September 22, 2023

    Kagan Calls High Court Ethics Code A 'Good Idea'

    U.S. Supreme Court Justice Elena Kagan on Friday lamented the public's souring perception of the high court, saying that in order to restore the court's image the justices must address "legitimate" concerns about ethics and stop upending long-standing precedent.

  • September 22, 2023

    Legal Funder Says Conn. Dept. Can't Police Its 'Investments'

    A legal funding company is fighting a $25,000 fine imposed by Connecticut's banking regulator for unlicensed operation, telling a state court that the agency doesn't control the matter because the transactions are investments and not loans.

  • September 22, 2023

    Pro Say: The Fishing Case That Could Reel In Chevron

    A dispute over a relatively obscure fishing industry rule is attracting considerable buzz ahead of the upcoming U.S. Supreme Court term, as the justices will consider whether to overturn their decades-old precedent that provides leeway to federal regulators.

  • September 22, 2023

    Chevron Doctrine Supporters Flock To High Court In Key Case

    Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.

  • September 22, 2023

    Colo. Judge Dismisses Opposing Attys' Defamation Spat

    A Colorado state judge has dismissed a defamation lawsuit brought by an attorney against his opposing counsel in a separate case, after the plaintiff said he no longer needs to pursue the lawsuit because of surveillance video apparently proving he didn't record a hallway conversation without notice.

  • September 22, 2023

    Gibson Dunn Fees Halved In NY Eviction Law Dispute

    Attorneys from Gibson Dunn & Crutcher LLP can recover $385,000 in fees for successfully blocking a pandemic-era anti-eviction law on behalf of New York landlords, after a federal judge rejected arguments that they should not be paid at all, but found their initial request of $735,000 "unreasonably excessive."

  • September 22, 2023

    Eastern District Of Mich. Judge To Take Inactive Status

    Senior U.S. District Judge Bernard A. Friedman of the Eastern District of Michigan, who struck down the state's ban on same-sex marriages in 2014, will take inactive status at the end of the year and then substitute for federal magistrates, according to an announcement on Thursday.

  • September 22, 2023

    NJ Courts Turn Attention To AI Impact With New Committee

    The New Jersey Supreme Court has launched a 31-member committee on artificial intelligence, it announced Friday, bringing together legal and other experts to study the possible effects of AI on court operations and the legal field.

  • September 22, 2023

    Ex-Aide Wants Suit Against Sister's NJ Firm In State Court

    A former aide at her sister's New Jersey law firm has urged a federal judge to move her lawsuit against the practice back to New Jersey state court and grant her attorney fees, arguing the federal court lacks subject matter jurisdiction over her anticipatory breach of contract and retaliation claims.

  • September 22, 2023

    Vexatious Vs. Virtuous: Del. Chancery Battles Dip In Decorum

    Nearly three decades after a "maggot" reference in a deposition prompted the Delaware Supreme Court to rebuke a lack of civility, a certain roughness is creeping back into the state's legal proceedings — and the Court of Chancery wants it to stop.

  • September 22, 2023

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The United Auto Workers union is trying a new tactic by expanding its strike to dozens more General Motors and Stellantis plants while sparing Ford, saying negotiations with that automaker were making good progress. And with climate change making weeklong headlines in New York, Law360 looked at some important international climate cases.  

  • September 22, 2023

    Federal Claims Judge Patricia Campbell-Smith To Retire

    Judge Patricia Campbell-Smith of the U.S. Court of Federal Claims will be retiring at the end of the month.

  • September 22, 2023

    Dealer Seeks 25 Years In Deaths Of Akin Gump Atty, 2 Others

    A New Jersey man convicted of distributing the drugs that killed three young Manhattan professionals, including a first-year lawyer at Akin Gump Strauss Hauer & Feld LLP, asked a federal court for a 25-year prison sentence, the minimum punishment recommended by probation officials.

  • September 22, 2023

    Fenwick, Celebrities Seek To Toss FTX Investors' Suit

    Fenwick & West LLP, several celebrities and others facing investor claims related to the collapse of cryptocurrency exchange FTX have asked a Florida federal court to dismiss the litigation against them.

  • September 22, 2023

    Law360's Legal Lions Of The Week

    Stone Hilton PLLC, The Buzbee Law Firm, Cogdell Law Firm and Scheef & Stone LLP lead this week's edition of Law360 Legal Lions after they worked to unhook Texas Attorney General Ken Paxton from impeachment allegations.

  • September 22, 2023

    Texas AG Paxton's Troubles Endure After Impeachment Win

    Texas Attorney General Ken Paxton is back on the job after being cleared by the Texas Senate at his impeachment trial over his ties to real estate investor Nate Paul. Yet the embattled politician's legal troubles are far from over.

  • September 22, 2023

    NJ Scales Back Mental Health Disclosures For Bar Applicants

    Ahead of the next round of bar exam applications in October, the New Jersey Supreme Court is revising how it asks applicants about their mental health history so as to not discourage them from seeking treatment.

  • September 22, 2023

    Pittsburgh Man Charged For Knife In Court, Harassing Judge

    A Pittsburgh man is facing criminal charges for allegedly carrying a knife past security at the Allegheny County Courthouse and threatening to follow a judge to his car in order to talk about his case, according to court documents released Friday.

  • September 22, 2023

    Immigration Judges' Free Speech Challenge Tossed Again

    A Virginia federal judge has ruled that the National Association of Immigration Judges has standing to challenge a policy the judges say violates their right to freely discuss their immigration views in public but ultimately nixed their lawsuit, saying it belongs elsewhere.

  • September 22, 2023

    With Senior Status, Judge Wu Takes Legendary Mom's Advice

    U.S. District Judge George Wu is not just a powerhouse of California's Central District, but also the son of famed Hollywood restaurant owner Sylvia Wu, a legendary entrepreneur whose advice he took when he recently made the decision to take senior status on the bench.

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Opinion

    Companies Must Not Back Down On DEI Efforts

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    In the face of recent lawsuits filed to challenge schools' diversity efforts, and a U.S. Supreme Court potentially friendly to purely hypothetical arguments, companies must stand strong and not be intimidated into abandoning diversity and inclusion programs, says Licha Nyiendo at Human Rights First.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • Opinion

    New York Must Guarantee Court Neutrals Fair Compensation

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    Neutrals that serve New York’s court-annexed alternative dispute resolution program are underappreciated and face injurious unjust enrichment because they are required to provide parties with a certain amount of free time, so the state must establish minimum guaranteed compensation floors with deliberate speed, say Elan Weinreb at Weinreb Law and Dorothy Kaldi at Petza & Kaldi Mediation.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Covington Ruling Strengthens SEC's Enforcement Powers

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    A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Inside The Changing Logic Of In-House General Counsel Hires

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    Though the growing phenomenon of small businesses hiring their own general counsel defies traditional business sense, companies in highly regulated and risky new technology industries, where serious legal resources are vital for growth and liability management, can benefit from recruiting in-house expertise early, say Jake Knowlton-Parry and Marlo Donato at Larson Maddox.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

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