Business of Law

  • April 10, 2024

    UC Berkeley Law Dean Defends Ejecting Protester From Home

    University of California, Berkeley School of Law Dean Erwin Chemerinsky on Wednesday defended actions he and his wife, Berkeley law professor Catherine Fisk, took to try to stop a Muslim law student's protest at their home during a dinner for graduating students after an online video of the incident went viral.

  • April 10, 2024

    Nationwide Injunctions Spike Politicizes Judiciary, Study Says

    Nationwide injunctions have dramatically increased in recent years, particularly during the Trump administration, a trend that has politicized the judiciary and risks further politicization without reforms, according to a study published in the Harvard Law Review on Wednesday.

  • April 10, 2024

    USPTO Outlines Possible Pitfalls For Attorneys Using AI

    The U.S. Patent and Trademark Office on Wednesday detailed risks facing attorneys using artificial intelligence, warning that they must ensure that filings are accurate and humans played a role in inventions, which attorneys say illustrates that ethical rules are unchanged in the AI era.

  • April 10, 2024

    Dems Introduce Bill To Codify Policy Barring Judge Shopping

    Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.

  • April 10, 2024

    Chicago Man Wants New Judge In Facebook Defamation Suit

    A Chicago-area resident suing Meta over allegedly false sexual misconduct accusations on an "Are We Dating the Same Guy?" Facebook page wants a different judge to handle his case, arguing his current judge's "extensive professional relationship" with Meta's counsel warrants her recusal.

  • April 10, 2024

    Trump Fails Again To Halt NY Trial Over Claim Judge Is Biased

    Donald Trump on Wednesday tried and failed for the third time in as many days to delay his upcoming hush-money trial, after arguing the judge should be removed for supposed bias and that the judge's rules were preventing him from defending himself.

  • April 10, 2024

    Former NYCBA President, Proskauer Partner Dies At 94

    Robert M. Kaufman, a former New York City Bar Association president, longtime Proskauer Rose LLP partner and Holocaust survivor, died on Monday at the age of 94, according to the law school where he served on the Board of Trustees.

  • April 10, 2024

    Alston & Bird Pushes Arbitration Of COVID Vax Claims

    Alston & Bird LLP urged a Georgia federal court to reject a former aide's objection to a magistrate judge's recommendation to force her to arbitrate her claims alleging she was fired after refusing to get vaccinated for COVID-19.

  • April 10, 2024

    Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm

    A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.

  • April 10, 2024

    Biden Keeps Up With Trump On Judge Confirmation Pace

    The Senate voted 100-0 on Wednesday to confirm Judge Ann Marie McIff Allen to the District of Utah, which marks 40 confirmations of lifetime judges with public defender experience under President Joe Biden, putting him on par with the number of judges President Donald Trump got confirmed by this point in his administration.

  • April 10, 2024

    Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

    A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.

  • April 10, 2024

    Associate Hiring And Attrition Fell In '23 For 2nd Straight Year

    Law firms' hiring of new associates and the rate at which associates moved on both declined in 2023 for the second consecutive year, while more female associates were hired than male, according to a study released Wednesday.

  • April 10, 2024

    30 Law Firms Lead On Client Service Amid Wider Decline

    When interviewed about client service, corporate legal decision-makers praised a select few law firms, even as the overall satisfaction of corporate clients has fallen in recent years, according to a report released Wednesday by BTI Consulting Group.

  • April 10, 2024

    White House Atty Sauber To Leave In May For Private Practice

    President Joe Biden's special counsel Richard Sauber is set to leave next month after two years in the White House post, administration officials confirmed to Law360 Pulse on Wednesday.

  • April 10, 2024

    Ex-BigLaw Atty In OneCoin Scam A Flight Risk, Feds Say

    A former Locke Lord LLP partner who was convicted of laundering proceeds from the OneCoin cryptocurrency scam has "every incentive" to flee the country, prosecutors told a New York federal judge, arguing he shouldn't be allowed to stay out on bail while his appeal is pending.

  • April 10, 2024

    Ex-Trump Finance Chief Weisselberg Jailed For Perjury

    A New York state judge on Wednesday sentenced former Trump Organization Chief Financial Officer Allen Weisselberg to five months in jail for lying under oath in the attorney general's civil fraud case against Donald Trump and his business associates, imprisoning a close ally of the former president on the eve of his hush-money trial.

  • April 09, 2024

    Quinn Emanuel, Davidoff Hutcher Sued Over Mansion Sale

    The trustee for a bankrupt entity once owned by HFZ Capital Group has sued Quinn Emanuel Urquhart & Sullivan LLP and Davidoff Hutcher & Citron, seeking to claw back up to $2 million the firms allegedly fraudulently received from a $45 million Hamptons mansion sale linked to developer Nir Meir.

  • April 09, 2024

    After Uproar, New MDL Rule Advances With Attys Assuaged

    Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.

  • April 09, 2024

    'You're Going To Lose These People,' Judge Tells Lynch Atty

    U.S. District Judge Charles Breyer on Tuesday chided a Steptoe partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial, saying that his hourslong questioning of a Deloitte partner shouldn't go on much longer, or "you're going to lose these people."

  • April 09, 2024

    Ex-Ohio Utility Chair Dies As Criminal Charges Mount

    The onetime chair of Ohio's utility regulator, who was accused of stealing money from FirstEnergy Corp. as part of a bribery scheme behind a controversial $1.3 billion bailout for two nuclear energy plants, died Tuesday in an apparent suicide, the Franklin County Coroner's Office confirmed.

  • April 09, 2024

    Quinn Emanuel Atty Spiro Faces Sanctions Bid In Musk Case

    A Los Angeles man suing Elon Musk for defamation has asked a Texas court to sanction Musk's attorney, Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro, arguing that the lawyer showed up "unannounced" to defend Musk in a deposition despite lacking permission to practice law there.

  • April 09, 2024

    In Trump Case, Justices Get Reminded Presidents Aren't Kings

    Former President Donald Trump's bid for absolute presidential immunity from criminal prosecution flies in the face of a major feature of the U.S. Constitution, and would create novel obstacles for the military and the economy, backers of special counsel Jack Smith have told the U.S. Supreme Court.

  • April 09, 2024

    Trump Opposes NY Monitor Probe After Exec's Perjury

    Attorneys for Donald Trump argued against allowing a court-appointed monitor of the Trump Organization to look into supposed discovery lapses in the New York attorney general's civil business fraud case related to a perjury plea by the company's former longtime Chief Financial Officer Allen Weisselberg.

  • April 09, 2024

    Boies Schiller Attys Face Sanctions Bid Over Epstein Suit

    Boies Schiller Flexner LLP's chairman and a co-managing partner are facing a sanctions bid from associates of billionaire and sexual predator Jeffrey Epstein for filing a proposed class action against them despite the attorneys' clients previously signing releases of liability to receive victim compensation.

  • April 09, 2024

    Senate Confirms US Atty To Michigan Court

    The Senate voted 58-42 on Tuesday to confirm Assistant U.S. Attorney Robert J. White to the Eastern District of Michigan bench.

Expert Analysis

  • The Future Of ERISA If High Court Ends Chevron Deference

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    The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • 10 Lessons From A Deep Dive Into IP Damages

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    Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

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