Business of Law

  • 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.

  • February 07, 2024

    Meet The Attys Facing Off At High Court In Trump DQ Case

    The attorneys facing off at the U.S. Supreme Court on Thursday over whether former President Donald Trump can appear on Colorado's primary election ballot are both described by their colleagues as incredibly talented and smart lawyers.

  • February 07, 2024

    Fla. Courts' Fines And Fees Trap Poor In Debt, ABA Finds

    The public defense group of the American Bar Association on Wednesday released a comprehensive report lambasting the fines and fees system in Florida's county-level misdemeanor court system, recommending the courts eliminate so-called user fees and establish an "ability-to-pay standard."

Expert Analysis

  • 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.

  • Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks

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    To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • 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.

  • Roundup

    In A 'Barbie' World

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    On the heels of the "Barbie" movie's historic global box office success, this Expert Analysis series explores regulatory questions and intellectual property battles that have emerged from the evolution of the iconic doll's brand.

  • 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.

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