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Business of Law
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October 18, 2024
LinkSquares Sued For Denying OT To Legal Tech Sales Reps
A former sales employee has filed an overtime class action alleging his former employer, Boston-based legal tech company LinkSquares Inc., misclassified inside sales staff as exempt from overtime pay in violation of federal and state wage laws.
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October 18, 2024
Skadden Closing In Shanghai, 'Rescaling' Corporate Practice
Sixteen years after opening in China's largest city, Skadden Arps Slate Meagher & Flom LLP will close its Shanghai office, the firm said Friday.
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October 18, 2024
AG Taps DOJ Veteran To Lead Executive Office Of US Attys
Attorney General Merrick B. Garland has chosen a longtime government lawyer to serve as director of the Executive Office for U.S. Attorneys, which serves as liaison between the U.S. Department of Justice and the country's 93 U.S. attorneys.
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October 18, 2024
Law360's Legal Lions Of The Week
Fenwick & West LLP and the Dacus Firm PC kick off this week's list of Law360 legal lions with a winning jury verdict for Amazon finding the e-commerce giant didn't infringe certain claims in a trio of wireless network patents.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 18, 2024
Ted Kennedy Jr. On Disability Inclusion In The Legal Industry
Ted Kennedy Jr., a healthcare regulatory attorney at Epstein Becker Green and a pediatric bone cancer survivor who has an amputation, has made it his life’s work to advocate for people with disabilities. Here, Kennedy talks with Law360 Pulse about why legal employers should be more inclusive.
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October 17, 2024
Atty's 'Groundhog Day' Motion Trims Ex-Girardi Client's Suit
A California state judge on Thursday trimmed a family's $1.8 million malpractice lawsuit against an attorney that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, calling a bid to nix one of the suit's claims a "Groundhog Day" motion because she already granted a similar one from the attorney's firm.
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October 17, 2024
Burford Again Loses Fight Against Meat Price-Fixing Deal
An Illinois federal judge on Thursday refused for a second time to let a Burford Capital LLC unit unbind itself from a global settlement Pilgrim's Pride and Sysco entered to resolve chicken, pork and beef price-fixing claims.
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October 17, 2024
Supreme Court Signals Skepticism On Staying Federal Rules
A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.
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October 17, 2024
Colo. Judges Decry Backlogged Motion List's Influence
A Colorado federal judge lamented Thursday that judges who issue decisions just to "clear" their languishing motions ahead of a public reporting deadline are setting the wrong priorities, as a colleague noted that courts often see an influx of rulings in February and August before the list is published.
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October 17, 2024
Ex-Posner Staffer Can't DQ Magistrate Judge In Salary Suit
A former staffer for retired Seventh Circuit Judge Richard Posner's now-defunct pro se clinic can't disqualify the magistrate judge on his $170,000 suit because disagreements over the judge's orders aren't enough to prove bias and favoritism, an Indiana federal judge ruled Wednesday.
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October 17, 2024
NJ Judge Shakes Ethics Charges Over Aide's Remote Work
The New Jersey Supreme Court on Thursday dismissed ethics charges against a judge accused of improperly letting his secretary work remotely, a move he called an "honest mistake" rooted in his belief that he was authorized to make that kind of working arrangement.
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October 17, 2024
If Trump Wins, Here's Who Could Be The Next Boston US Atty
Acting Massachusetts U.S. attorney and former Ropes & Gray LLP partner Josh Levy may remain in his post under a Kamala Harris presidency, but a victory for Donald Trump in next month's presidential election would all but assure the state will have a new top federal prosecutor next year.
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October 17, 2024
House Resolution Introduced To Laud Hispanics In Legal Field
A Florida representative in the U.S. Congress earlier this week introduced a resolution to designate Oct. 15, 2024, as a day to "honor the diaspora of Hispanic culture, and the representation of Hispanics in the legal profession and the judiciary."
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October 16, 2024
NH Justice Indicted For Interfering With Criminal Probe
The New Hampshire Department of Justice announced Wednesday that New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi has been indicted on charges she tried to interfere with a criminal investigation focusing on her husband, the director of the New Hampshire Division of Ports and Harbors.
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October 16, 2024
Airline Owner Can't Force Cravath To Give Docs, Court Says
Cravath Swaine & Moore LLP doesn't have to turn over documents used in the prosecution of an airline owner accused in a scheme to defraud Polar Air Cargo Worldwide of millions of dollars, a New York federal judge ruled Wednesday, saying the defendant hasn't shown the firm was part of the prosecution.
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October 16, 2024
Ex-Davis Polk Atty Drops Appeal Of Bias Verdict Loss
A former Davis Polk & Wardwell LLP associate on Tuesday dropped his appeal of a jury verdict clearing the firm and two lawyers of liability in a suit alleging he was fired in retaliation for airing concerns about racial bias and diversity.
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October 16, 2024
Trump Mostly Denied 'Speculative' Jan. 6 Document Bids
A D.C. federal judge on Wednesday largely denied Donald Trump's request for documents from a slew of federal agencies as he defends against election interference charges, calling the motion mostly "speculation."
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October 16, 2024
Giuliani Says Ga. Poll Workers Can't Go After His Fla. Condo
Disgraced ex-lawyer Rudy Giuliani told a New York federal court Wednesday that two Georgia poll workers cannot force a sale of his Florida condominium to help cover their $148 million defamation award against him because the property is his permanent residence and thus is shielded under a "homestead" exemption.
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October 16, 2024
Former Public Defender Joins Colorado Federal Bench
U.S. Magistrate Judge Timothy P. O'Hara was sworn in Tuesday in the District of Colorado, four months after it was announced that he would be elevated to the federal judiciary.
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October 16, 2024
Ex-Jones Day Attys' Parental Leave Suit Gets 2025 Trial Date
Two former Jones Day associates challenging the firm's family leave policy will go to trial in late 2025 after a D.C. federal judge allowed certain claims in the lawsuit to move forward.
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October 16, 2024
Bipartisan Judgeships Bill In House Keeps Gaining Support
A Republican on the House Judiciary Committee on Wednesday urged the House to pass his bipartisan bill to add 66 new and temporary judgeships to address the "overwhelming caseloads" in the federal courts.
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October 16, 2024
2023 Minority Law Grads Are Still Finding Jobs At Lower Rates
Law school graduates of color from the class of 2023 continue to find employment at lower rates than their white peers despite a red-hot job market, according to a report released Wednesday.
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October 16, 2024
Ex-Judge Aims To Shield Bank Records In Romance Probe
A former U.S. bankruptcy judge is hoping to sink a subpoena from the U.S. Trustee's Office for his banking records in connection with its inquiry into his concealed romantic relationship with a former Jackson Walker LLP partner who appeared before him in a number of cases.
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October 16, 2024
Foley Hoag Wants Bulk Of Claims Axed In NY Wage Suit
Foley Hoag LLP has asked a New York federal judge to toss most of the claims in an employee's suit alleging the firm failed to pay overtime wages and engaged in various forms of retaliation and discrimination against him, arguing the complaint "is largely devoid of well-pleaded factual allegations."
Expert Analysis
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Roundup
My Hobby Makes Me A Better Lawyer
Attorneys discuss how their unusual extracurricular activities enhance professional development, providing insights and pointers that translate to the office, courtroom and beyond.
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Pro Bono Work Is Powerful Self-Help For Attorneys
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.
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Roundup
The Pop Culture Docket
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.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
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.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
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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Opinion
Newman Suspension Shows Need For Judicial Reform
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.
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Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling
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.
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How And Why Your Firm Should Implement Fixed-Fee Billing
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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
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.
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How Law Firms Can Use Account-Based Marketing Strategies
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.
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Strategic Succession Planning At Law Firms Is Crucial
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.
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Maximizing Law Firm Profitability In Uncertain Times
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.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
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.
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Roundup
ESG Around The World
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.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
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.