Business of Law

  • July 23, 2024

    FTC Attys On Kroger Case Get Extensions After IT Outage

    The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

  • July 23, 2024

    Labor Dept. ESG Rule May Survive Chevron's Demise

    The Fifth Circuit recently overturned a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing, but some experts believe the rule has a good chance at surviving — even with the precedent off the books.

  • July 23, 2024

    SEC Names New Acting Head Of Exams

    The U.S. Securities and Exchange Commission has announced that the deputy director of its examinations division will serve as the unit's new acting director, as the previous director takes a leave of absence to focus on his health.

  • July 23, 2024

    Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'

    Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.

  • July 23, 2024

    After Trump Attack, GOP Presses DOJ On Justices' Security

    Two Republican U.S. House representatives pressed the U.S. Department of Justice on Tuesday for information on security measures protecting court officers, warning that limitations on the U.S. Marshals Service's authority to arrest protesters near justices' homes are "dangerous and misguided," especially after former President Donald Trump's attempted assassination.

  • July 23, 2024

    No Victims, No Fraud, Trump Says In $465M Judgment Appeal

    Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Brennan Center Gets $30M For High Court Reform Unit

    The Brennan Center for Justice at the New York University School of Law announced Tuesday that philanthropist and businessman Jim Kohlberg has committed $30 million for the establishment of a new unit focused on U.S. Supreme Court reform.

  • July 23, 2024

    Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit

    The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."

  • July 23, 2024

    Convicted Sen. Menendez Of NJ Resigning Aug. 20

    U.S. Sen. Bob Menendez has decided to resign as the U.S. Senate Ethics Committee was moving swiftly to consider whether he should be expelled or censured after his conviction last week on 16 corruption charges.

  • July 23, 2024

    Texas Legal Services Biz Escapes Most Data Breach Claims

    A Texas federal judge has trimmed most claims in a proposed class action over a legal services company's data breach, leaving a negligence claim lodged by one plaintiff who alleges he was a victim of identity theft due to the breach.

  • July 23, 2024

    11th Circ. Should Uphold Tax Court Protection, IRS Says

    The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.

  • July 23, 2024

    Northern District Of NY Judge To Take Senior Status

    U.S. District Judge Glenn Suddaby of the Northern District of New York will take senior status as of Sept. 1.

  • July 23, 2024

    Polsinelli Lands In Philly With 20-Plus Holland & Knight Attys

    National law firm Polsinelli PC announced Tuesday it planned to expand its footprint into Philadelphia by opening a new office in the city with more than 20 shareholders who are moving their practices from Holland & Knight LLP.

  • July 23, 2024

    Secret Service Chief Out Amid Trump Rally Shooting Probes

    U.S. Secret Service Director Kimberly A. Cheatle resigned Tuesday, the day after lawmakers at a contentious congressional hearing demanded she step down following her agency's failure to stop the July 13 assassination attempt on former President Donald Trump in Pennsylvania.

  • July 22, 2024

    What Attorneys Need To Know About JD Vance

    Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.

  • July 22, 2024

    Secret Service Ripped By Lawmakers For Trump Rally 'Failure'

    U.S. Secret Service Director Kimberly Cheatle on Monday acknowledged a security failure during a July 13 campaign rally that ended in an assassination attempt on former President Donald Trump, as she was battered with resignation calls from a bipartisan group of lawmakers frustrated by her evasiveness during the investigation.

  • July 22, 2024

    Judge Limits Girardi Clients' Injury Details In Upcoming Trial

    Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.

  • July 22, 2024

    Litigation Funder Sues Wyoming Co. With Same Name

    Litigation funding company Parabellum Capital LLC has filed a trademark lawsuit in Colorado federal court against a Wyoming company called Parabellum Capital Inc., but the Wyoming company appears to be backing down.

  • July 22, 2024

    Former Judge On Trump Assassination Attempt Panel

    A former federal judge who previously sat on an oversight panel for the Secret Service was among those the U.S. Department of Homeland Security announced on Sunday would conduct an independent review of the July 13 assassination attempt on former President Donald Trump.

  • July 22, 2024

    After Kindred Case, Questions Linger About Clerk Safeguards

    When Alaska federal Judge Joshua Kindred resigned, it was the culmination of an 18-month inquiry into a hostile and inappropriate work environment he'd fostered in chambers. During that investigation, it seems he continued to supervise law clerks. Experts say that may signal a gap in protections for clerks.

  • July 22, 2024

    LA Superior Court Closed Monday Due To Ransomware Attack

    The Superior Court of Los Angeles County was forced to close Monday as the court continued to work to repair and reboot network systems that were severely impacted by a ransomware attack that occurred on the same day as an unrelated global tech outage.

  • July 19, 2024

    In Case You Missed It: Hottest Firms And Stories On Law360

    For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

  • July 19, 2024

    Kavanaugh Murder-Attempt Suspect Set To Face Trial

    A man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has failed to reach a plea deal after nearly two years of negotiations, setting his case up for trial in Maryland federal court, federal prosecutors said Friday.

  • July 19, 2024

    Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs

    The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Confronting The Psychological Toll Of Personal Injury Law

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    Personal injury lawyers advocate for clients who have experienced trauma, loss and life-altering injuries, but these cases can have an emotional impact on attorneys themselves — so it is crucial to address these challenges proactively and openly, and normalize the conversation around mental health in the legal profession, says Lisa Lanier at Lanier Law Group.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

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