Business of Law

  • February 09, 2024

    Workday Bias Case Should Stay In Calif., Md.-Based Atty Says

    A Black senior counsel at Workday urged a California federal court to keep alive his race and disability discrimination suit against the human resources services company and a deputy general counsel, saying his claims under California law are valid despite his living in Maryland.

  • February 09, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 08, 2024

    Dechert Pushes To Deep-Six Hacking Cover-Up Suit

    Dechert LLP, its former white collar practice leader and others on Thursday urged a New York federal judge to find that alleged concealment of a hacking campaign to discredit a critic of a firm client isn't enough to support a civil Racketeer Influenced and Corrupt Organizations Act case.

  • 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.

Expert Analysis

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • SuperValu's Lesson: Always Be Building An FCA Defense

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    The recent U.S. v. SuperValu decision confirming that scienter is an essential element of False Claims Act liability should motivate government contractors to prepare for allegations of material misrepresentation by building a record of their honorable efforts toward regulatory compliance, say David Resnicoff and Andrew Patton at Riley Safer.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Opinion

    ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Opinion

    Judge Newman's Recent Dissents Show She Is Fit For Service

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    Dissenting opinions by Judge Pauline Newman in intellectual property cases over the past year suggest Federal Circuit proceedings to forcibly remove her from the judiciary lack legitimate basis, says Andrew Michaels at the University of Houston Law Center.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Opinion

    AUSA Jobs Don't Pay Enough To Keep Staff, Attract Diversity

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    Assistant U.S. attorneys earn significantly less than their U.S. Department of Justice counterparts, resulting in urgent recruitment and retention issues that hurt the federal administration of justice, and must be addressed by fairly compensating AUSAs, says Steven Wasserman, president of the National Association of U.S. Attorneys.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

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