Business of Law

  • February 08, 2024

    DOJ Won't Prosecute Biden For Keeping Classified Docs

    President Joe Biden "willfully retained" documents related to foreign policy in Afghanistan and other classified materials following his vice presidency, but there is not enough evidence to pursue criminal charges against him, according to a lengthy U.S. Department of Justice report released Thursday.

  • February 08, 2024

    Ex-Trump Aide Peter Navarro Can't Stay Free During Appeal

    A District of Columbia federal judge on Thursday refused to allow former White House adviser Peter Navarro to remain outside of prison while he appeals his sentence for refusing to comply with congressional subpoenas, rejecting Navarro's argument that his appeal raises a "substantial question of law" warranting his release.

  • February 08, 2024

    5 Key Takeaways From Justices' Trump DQ Arguments

    A special U.S. Supreme Court session Thursday examining Colorado's removal of former President Donald Trump from its primary ballot was dominated by debate over a state's authority to do so, but the justices also found time to examine Reconstruction-era language choices and weigh the benefits of relying on ancient case law — while mostly avoiding the question of Trump's participation in an insurrection.

  • February 08, 2024

    Baltimore Judge To Face Hearing Over Claims He Groped Atty

    A Baltimore city district court judge is set to face a judicial ethics hearing in May over allegations that he repeatedly touched a lawyer without her consent following a bar association event, while he apologized for making the woman uncomfortable and said he genuinely thought she had been flirting with him.

  • February 08, 2024

    Judge Newman Says She's Been Cut From Judicial Listserv

    The day after a national panel that reviews judicial misconduct affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, the judge complained Thursday that she had been taken off an email list that goes to all judges.

  • February 08, 2024

    Trustee Balks At Retroactive Atty Hire In Infowars Ch. 11 Case

    The Office of the U.S. Trustee opposed a retroactive retention of a law firm for the bankruptcy trustee in the Chapter 11 case of Alex Jones' Infowars radio show production company, saying there is no justification for failing to file a retention application for more than a year.

  • February 08, 2024

    Biden Nominates Ex-Hogan Lovells Associate For GC Post At DOT

    President Joe Biden announced Thursday he is nominating a former Hogan Lovells attorney who has served in multiple posts with the U.S. Department of Transportation to be the department's top lawyer.

  • February 08, 2024

    Kidde-Fenwal's Ch. 11 Fee Examiner OKs $20.4M For 15 Firms

    The fee examiner appointed in fire-suppression company Kidde-Fenwal's Chapter 11 case has recommended that a Delaware bankruptcy judge approve $20.4 million in pay for 15 firms working on the proceedings, after they agreed to cut their requested compensation by about $333,000.

  • February 08, 2024

    Ex-BigLaw Atty Must Revamp Social Media Defamation Suit

    The social media influencer facing a $150 million defamation lawsuit claiming he misrepresented an ex-Greenberg Traurig LLP attorney's nightmarish divorce can breathe a sigh of relief — for now — as a Florida federal judge tossed the suit Thursday after finding it is "far longer than it needs be," but said most of it can proceed if refiled properly.

  • February 08, 2024

    These Firms Are Leading In Patent Litigation Work

    A Houston-based intellectual property firm filed the most patent suits over the last three years in the U.S., while a well-established boutique again took the top spot as the firm defending the most patent litigation during the same period, according to a new Lex Machina report.

  • February 08, 2024

    Pierson Ferdinand Added 104 FisherBroyles Attys In January

    As of the end of January, a total of 104 partners had departed FisherBroyles LLP to join breakaway law firm Pierson Ferdinand LLP, according to an announcement by the new firm, which opened its doors at the beginning of the year.

  • February 08, 2024

    Judicial Nominee Assures GOP Sens. She's Not A Marxist

    Republicans on the Senate Judiciary Committee raised concerns about two U.S. district court nominees appearing before the committee on Thursday over their supposed ties to Marxism and the defund the police campaign, but the nominees tried to disabuse lawmakers of that suggestion.

  • February 08, 2024

    Ex-Schnader Harrison Atty Alleges Firm Mishandled Funds

    A former partner of now-shuttered Schnader Harrison Segal & Lewis LLP has accused the firm of mismanaging funds deducted from employee pay by failing to deposit them into a retirement plan, according to a putative class action in Pennsylvania federal court.

  • February 08, 2024

    OpenAI Asks 11th Circ. To Uphold Fee Ruling

    OpenAI urged the Eleventh Circuit on Wednesday to uphold a federal judge's decision not to dock it attorney fees for attempting to remove a Georgia radio host's defamation lawsuit to federal court, saying it had "an objectively reasonable basis for removal."

  • February 08, 2024

    NY Judge Scolds Trump Attys For Response To Perjury Query

    The New York state judge overseeing Donald Trump's civil fraud trial on Thursday chastised defense attorneys for their "misleading" response to his demands for information about reports of possible perjury by defendant and key trial witness Allen Weisselberg.

  • February 08, 2024

    Justices Doubtful Of States' Power To DQ Trump

    U.S. Supreme Court justices were deeply skeptical Thursday that states have the authority to bar Donald Trump from the ballot under the 14th Amendment, repeatedly questioning why Colorado should be allowed to potentially decide the course of the 2024 presidential election.

  • February 08, 2024

    Justices Rule Gov't Agencies Not Immune From FCRA Suits

    The U.S. Supreme Court ruled Thursday that a person can sue a government agency under the Fair Credit Reporting Act, because the law's 1970 definition of a "person" was sufficient to waive the government's immunity.

  • February 07, 2024

    Giuilani Says Unpaid Bills Mounted As Legal Career Sputtered

    Rudy Giuliani laid out his downward financial spiral in acute personal detail over three hours on Wednesday, answering questions from a government bankruptcy watchdog about his approximately $10.6 million of assets, offset by unpaid bills for everything from golf club memberships to condo fees and credit cards.

  • February 07, 2024

    Judge Newman's Options Dwindle After Suspension Is Upheld

    Following Wednesday's decision by the national panel that reviews judicial misconduct cases upholding Federal Circuit Judge Pauline Newman's suspension, she faces a difficult path to getting reinstated without complying with an investigation into her mental fitness, experts say.

  • February 07, 2024

    Dish's Bid For More Fees Called 'Nightmare' By Fed. Circ. Judge

    A Federal Circuit judge told counsel for Dish Network LLC on Wednesday that to secure more fees after the cable giant defeated a patent case in district court that was found to be "exceptional" to cover the costs of challenging the patent at the patent board would create "an effing nightmare."

  • February 07, 2024

    Fluoride Judge To Attys: 'I Don't Need Perry Mason Moments'

    A California federal judge presiding over a bench trial over fluoridated water's risks agreed to give the parties more time to present their cases Wednesday, but told counsel they haven't been "particularly efficient," and that "I don't need the Perry Mason moments — I just need to get to the issues."

  • February 07, 2024

    Trump Trial Judge Gets Little Info On Exec's Alleged Perjury

    An attorney for Donald Trump and his companies' former chief financial officer Allen Weisselberg told the New York state judge presiding over their civil fraud trial Wednesday that she could not respond to "unsubstantiated" reports that the ex-CFO was in plea negotiations for allegedly lying on the stand, citing her ethical obligations.

  • February 07, 2024

    Haynes Boone Partner Faces Suit Over Fund Transfer In Ch. 7

    The Chapter 7 trustee of a bankrupt New York diversity consulting firm has filed a suit in a New York bankruptcy court accusing the firm's president — a Haynes and Boone partner — of improperly transferring more than $623,000 to a different company under her control.

  • February 07, 2024

    GOP Sens. Probe 3rd Circ. Pick's Ties To Rutgers Program

    Republicans on the Senate Judiciary Committee are looking into a Rutgers Law School program at the center of their objections to the president's nominee for the Third Circuit, who would be the first Muslim federal appeals court judge if confirmed.

  • February 07, 2024

    Jackson Walker Steps Down From 4E Ch. 11 Amid Fees Probe

    Jackson Walker LLP, the firm at the center of a legal ethics scandal over the undisclosed relationship between a lawyer and a bankruptcy judge, has stepped down as Chapter 11 counsel to hand sanitizer maker 4E Brands Northamerica LLC as a Texas bankruptcy judge considers revoking $800,000 in legal fees paid to the firm in the case.

Expert Analysis

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Roundup

    The Pop Culture Docket

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    State and federal judges reflect on a piece of art or entertainment in popular culture, discussing what it gets right and wrong about the justice system, and what legal practitioners and the general public can learn from it.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling

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    The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Roundup

    ESG Around The World

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    While ESG investing has recently become one of the most controversial policymaking issues in the U.S., in this Expert Analysis series, attorneys across the globe tell us about the state of ESG in each of their countries or regions.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

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