Business of Law

  • June 28, 2024

    Hub Hires: ArentFox, Ogletree, Duane Morris

    ArentFox landed more than a dozen attorneys and professionals from Burns & Levinson while Ogletree and Duane Morris both welcomed back former colleagues, as law firms around Boston kicked off summer with new hires.

  • June 28, 2024

    Justices Limit Fed. Use Of Obstruction Charge In Jan. 6 Cases

    The U.S. Supreme Court limited Friday the U.S. Department of Justice's use of an obstruction of Congress statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021, ruling the law enacted in the wake of an accounting scandal requires the obstructive act must somehow impair the availability or integrity of official documents or proceedings.

  • June 28, 2024

    Supreme Court Strikes Down Chevron Deference

    The U.S. Supreme Court on Friday overturned a decades-old precedent that instructed judges about when they could defer to federal agencies' interpretations of law in rulemaking, depriving courts of a commonly used analytic tool and leaving lots of questions about what comes next.

  • June 27, 2024

    Biden, Trump Spar On Abortion Access In The Wake Of Dobbs

    The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."

  • June 27, 2024

    Roche Freedman, Ousted Ex-Partner Settle Ahead Of July Trial

    The law firm formerly known as Roche Freedman LLP and ousted partner Jason Cyrulnik informed a New York federal judge Thursday they've cut a confidential deal to resolve their contentious legal battle over Cyrulnik's departure, ending the litigation weeks before the case was set to go to a jury trial.

  • June 27, 2024

    Biden Takes Dig At 'Convicted Felon' Trump In 1st Debate

    President Joe Biden referred to former President Donald Trump as a "convicted felon" during Thursday's presidential debate, while Trump suggested that Biden could be criminally prosecuted after leaving office.

  • June 27, 2024

    High Court Liberals Warn Jarkesy's Reach Will Be Widespread

    The U.S. Supreme Court's decision to limit the U.S. Securities and Exchange Commission's use of its in-house courts will have "momentous consequences" for dozens of agencies tasked with overseeing the electric grid, environmental regulations and consumer protection laws, the court's liberal wing has warned.

  • June 27, 2024

    Ex-Gibson Dunn Partner Wins Over $557K In Retirement Fight

    Gibson Dunn & Crutcher must pay $557,371 plus retirement benefits to a former partner who left in 2022 and joined Weil Gotshal & Manges, a California state judge said Thursday, affirming an arbitrator's conclusion that the partner didn't resign but rather retired, which allows him to collect retirement benefits.

  • June 27, 2024

    Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11

    The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.

  • June 27, 2024

    North Carolina's Western District Issues AI Standing Order

    Attorneys in the U.S. District Court for the Western District of North Carolina will now have a tougher time experimenting with generative artificial intelligence, after the court's judges issued a standing order requiring lawyers to file a certification alongside every brief stating that AI was not used to help prepare the brief.

  • June 27, 2024

    Colo. Judge 'Disenchanted' With Informal Dispute Process

    A Colorado federal magistrate judge said Thursday that she's become increasingly "disenchanted" with the use of informal discovery proceedings, telling a room of lawyers that more often than not, the court and a case are better served by written briefings and rulings.

  • June 27, 2024

    AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'

    New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.

  • June 27, 2024

    House Panel Votes To Hold Biden Ghostwriter In Contempt

    The House Judiciary Committee voted 13-11 along party lines on Thursday, to advance the contempt effort for Mark Zwonitzer, President Joe Biden's ghostwriter, for not turning over documents and recordings related to his work on the president's memoirs that were mentioned in a special counsel's report on the president's handling of classified documents.

  • June 27, 2024

    Fla. Judge Denies Trump's Bid To Toss Mar-A-Lago Warrant

    The Florida judge overseeing Donald Trump's federal criminal case involving allegations of illegally keeping classified documents after leaving the White House denied the former president's bid Thursday for a hearing on the validity of the Mar-a-Lago search, but said she'd consider an evidence suppression hearing.

  • June 27, 2024

    MoFo Moving To 'Flexible' Miami Office Space Model In 2025

    Morrison Foerster LLP will "transition to a flexible office space model" at the end of the year in Miami after its current lease expires, a firm spokesperson told Law360 Pulse on Thursday.

  • June 27, 2024

    High Court Allows Idaho Emergency Abortions, For Now

    The U.S. Supreme Court on Thursday allowed abortions in Idaho to continue in emergency situations under a federal law requiring doctors at Medicare-funded hospitals to provide emergency care, including abortions.

  • June 27, 2024

    Supreme Court Freezes EPA's 'Good Neighbor' Rule

    The U.S. Supreme Court stayed the U.S. Environmental Protection Agency's plan to reduce cross-state pollution Thursday, finding several states and industry groups challenging it in court will likely prevail on the merits.

  • June 27, 2024

    Justices Limit SEC's Use Of In-House Courts

    The U.S. Supreme Court on Thursday curtailed the U.S. Securities and Exchange Commission's use of its in-house court system, saying the accused have a right to a jury trial when financial penalties are on the table.

  • June 27, 2024

    Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan

    The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.

  • June 26, 2024

    Roberta Kaplan Leaving Namesake Firm To Launch Boutique

    Roberta Kaplan, the intrepid litigator who has won landmark victories for LGBTQ+ couples, survivors of white supremacist violence and a writer who accused former President Donald Trump of sexual assault, announced Wednesday that she is leaving Kaplan Hecker & Fink LLP to launch a new boutique with two former prosecutors and a veteran of complex litigation.

  • June 26, 2024

    Justices Chide 5th Circ. In Biden Social Media Case

    The Fifth Circuit relied on "clearly erroneous" facts and an overgeneralized view of standing when it ordered the Biden administration to stop working with social media platforms to combat COVID-19 and election misinformation, the U.S. Supreme Court ruled Wednesday as it threw out a challenge to the government's actions.

  • June 26, 2024

    Supreme Court Bribery Ruling Limits Government's 'Arsenal'

    The U.S. Supreme Court's decision Wednesday limiting the reach of a federal bribery law has removed a "novel" tool that prosecutors employed in a wide range of public corruption cases and could result in fewer prosecutions of state and local officials, experts say.

  • June 26, 2024

    LVMH Can't Yet Collect $490K Award From Former Legal Exec

    A Manhattan judge on Wednesday confirmed LVMH Moet Hennessy Louis Vuitton Inc.'s $490,000 arbitration win for a former legal executive's alleged contract violations, but declined to enforce the payment until the two sides resolve a related sexual harassment and retaliation dispute.

  • June 26, 2024

    House GOP Gears Up For The End Of Chevron Deference

    A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.

  • June 26, 2024

    Texas Planning To Use New Bar Exam In 2028, Justices Say

    The Texas Supreme Court on Tuesday announced that it expects to adopt a new bar examination beginning in July 2028 after considering public comments.

Expert Analysis

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Roundup

    My Hobby Makes Me A Better Lawyer

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    Attorneys discuss how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.

  • 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.

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