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Business of Law
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May 30, 2024
Morgan & Morgan Settles Ex-Paralegal's FMLA Suit
Morgan & Morgan PA reached a deal with a former paralegal ending her suit accusing the firm of interference and retaliation when she was unlawfully fired, she said, after requesting time off afforded by the Family and Medical Leave Act, the firm told a Florida federal judge Thursday.
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May 30, 2024
Ex-BigLaw Atty Fights 10-Year Sentence In OneCoin Case
A former Locke Lord LLP partner urged the Second Circuit Wednesday to ax his 10-year prison sentence and conviction for laundering around $400 million in proceeds from the global OneCoin cryptocurrency scam, saying the case was contaminated by perjury and errors at the trial court level.
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May 30, 2024
What The Trump Verdict Was Like From Inside The Courtroom
Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.
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May 30, 2024
High Court Calls For 2nd Circ. Redo In BofA Preemption Fight
The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.
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May 30, 2024
Justices Revive NRA's Free Speech Claims Against NY Official
The U.S. Supreme Court ruled Thursday that the National Rifle Association can proceed with certain claims in its lawsuit alleging that a former New York state official violated the gun rights group's free speech protections by pressuring financial institutions to cut ties with it.
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May 30, 2024
Justices Back Ariz. Execution Despite Trial Lawyer's Miscues
Three decades after an Arizona man fatally bludgeoned a friend, a young girl and a grandmother, the U.S. Supreme Court on Thursday ended his efforts to escape execution, finding that a trial lawyer's incomplete illustration of the man's psychologically damaging experiences doesn't merit leniency.
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May 29, 2024
Foley & Lardner Sued For Axing Pro-Palestinian Atty's Offer
A former Foley & Lardner LLP summer associate on Wednesday lodged discrimination claims against the firm for pulling its job offer after she made comments supporting Palestine, alleging that the firm let her go because of her religion and ethnicity, according to the suit lodged in Illinois federal court.
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May 29, 2024
Meta's Policy On Threats List 'Sounds Nefarious,' Judge Says
The California federal judge overseeing claims Meta blacklists certain adult performers questioned the social media giant's practice of keeping its list of dangerous organizations and individuals as a "living document" that changes constantly and isn't archived, saying the policy appears to destroy evidence and "sounds nefarious."
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May 29, 2024
NY Jury Eyes Trump Tower 'Conspiracy' As Deliberations Start
Jurors in Donald Trump's criminal hush money trial ended their first day of deliberations Wednesday without a verdict, as the panel appeared to home in on testimony about a key 2015 meeting where the alleged scheme was hatched.
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May 29, 2024
More Law Firms Are Relocating, Signing New Leases In 2024
More law firms have relocated or renewed their office leases in the first quarter of 2024 than during the same period over the last four years, continuing a post-pandemic trend that began late last year as more firms made moves, according to a recent report by real-estate services company Savills.
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May 29, 2024
6 Questions For FCC Commissioner Anna Gomez
A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."
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May 29, 2024
Quinn Emanuel Atty Ducks Sanctions Over Musk Deposition
Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro beat an attempt to sanction him for alleged "astonishingly unprofessional" conduct at a deposition while defending billionaire and investor Elon Musk from a defamation suit in Texas state court, but the suit survived a motion to dismiss, according to an order signed Wednesday.
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May 29, 2024
Wash. Man Charged With Threatening To Kill Judge
A Washington man is charged with intimidating a judge on allegations he threatened to kill Asotin County Superior Court Judge Brooke Burns, as well as her dog, Motley, after she oversaw his guilty plea to charges alleging he made threats to shoot up an elementary school and a county fair parade.
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May 29, 2024
Acting Boston US Atty Says Fraud Cases Still High Priority
Prosecuting a range of fraud cases despite finite resources will remain a priority for Massachusetts acting U.S. Attorney Joshua Levy as he enters his second year in the job, he told reporters on Wednesday in a question and answer session at his office.
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May 29, 2024
Colo. Suspends Ex-Trump Atty For Aiding Ga. Election Lies
A Colorado disciplinary judge has suspended Jenna Lynn Ellis from practicing law in the state for three years over her guilty plea in a Georgia election interference case, after the former attorney and legal adviser to Donald Trump disavowed her actions in a letter that admitted, "I was wrong."
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May 29, 2024
From Virtual Roots, Husch Blackwell To Grow Nashville Office
After hiring eight attorneys based in Nashville, Tennessee, through its fully remote Link office over the past year, Husch Blackwell announced plans Wednesday to open a brick-and-mortar location in the city, to be led by intellectual property partner Tim Capria.
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May 29, 2024
Greenberg Traurig Gets 30-Year Tax Break From Saudi Arabia
Greenberg Traurig LLP is among the first law firms to get licensed as a regional headquarters, or RHQ, company in Saudi Arabia, allowing the firm to take advantage of a major tax break, the firm announced Tuesday.
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May 29, 2024
Menendez Trial Judge Sticks With Order Barring Texts
The federal judge presiding over the corruption trial of U.S. Sen. Robert Menendez announced Wednesday that he is holding firm to his decision barring prosecutors from using text messages to bolster their claims that the New Jersey Democrat took bribes in exchange for authorizing millions of dollars in aid for Egypt.
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May 29, 2024
Alito Won't Recuse From Jan. 6 Cases Over Flag Controversy
U.S. Supreme Court Justice Samuel Alito announced Wednesday that he will not recuse himself from deciding cases related to the Jan. 6, 2021, riot at the U.S. Capitol or former President Donald Trump's criminal immunity following reports that two flags used by protesters of Trump's 2020 election loss were flown outside his houses.
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May 29, 2024
Whistleblower Counsel Can't Get 'Exorbitant' $11.5M Fee
A Boston federal judge slashed an "exorbitant" $11.5 million fee request made by counsel for a False Claims Act whistleblower in a case involving lab testing company Fresenius Medical Care, hammering the attorneys for inflated hourly rates, inflated time entries and a host of questionable billing practices.
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May 29, 2024
Coverage Recap: Day 1 Of Deliberations In Trump's NY Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from the first day of deliberations Wednesday.
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May 28, 2024
Trump Atty Calls Cohen 'MVP Of Liars' As NY Trial Closes
Donald Trump's counsel repeatedly assailed the credibility of star witness Michael Cohen Tuesday in a final pitch to the New York jury that will decide whether to convict the former president of falsifying business records, calling Cohen "an MVP of liars" and "the human embodiment of reasonable doubt."
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May 28, 2024
Absent Atty Irks Judge In Girardi-Linked Bar Corruption Case
A California judge on Tuesday chastised a lawyer representing former clients of Tom Girardi accusing the state bar of "rampant corruption," telling the attorney over the phone that he is "nonplussed" as to why he attempted to skip the hearing on the bar's motion to toss the case.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
American To Cut Attys Who Blamed Child Filmed In Bathroom
Wilson Elser Moskowitz Edelman & Dicker LLP attorneys are on the brink of being removed as counsel for American Airlines in a Texas state lawsuit over an ex-flight attendant's secret bathroom recording of a 9-year-old girl.
Expert Analysis
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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7 Constructive Ways Attorneys Can Spend The Deal Slowdown
Transactional lawyers can stay productive despite the currently sluggish market for M&A and financing deals by investing nonbillable hours into a range of projects that will strengthen firms, build professional relationships and lay a strong foundation for future work, says Brian Kerwin at Duane Morris.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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12 Summer Reads For White Collar Attorneys
Jack Sharman at Lightfoot Franklin recommends 12 books white collar lawyers should read this summer, from French existentialist classics to modern rural noirs, that provide lessons and reflections for one’s legal practice.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.