Business of Law

High Court 'Shadow Docket' Still A Long Shot For Companies

The U.S. Supreme Court has made frequent use of its "shadow docket" in recent years to decide blockbuster cases on an expedited basis without full briefing or argument, but the justices' recent actions indicate that companies are likely to be disappointed if they look to the docket as a realistic option for streamlining their appeals.

Law360 MVP Awards Go To 188 Attys From 78 Firms

The attorneys chosen as Law360's 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

For Attys Of Color, There's Not Enough Help On The Way Up

When Joan Haratani was a young lawyer, there was a white partner at her old law firm who would drop in to her office every year on the same day, Dec. 7, the anniversary of the Japanese attack on Pearl Harbor.

The 2022 Regional Powerhouses

The law firms on Law360's list of 2022 Regional Powerhouses are handling some of the biggest deals and most high-profile courtroom battles across nine states, offering clients regional expertise and making a lasting impact on the law at the state and local level.

October 06, 2022
Recruiter Accused Of Email Threats In Award Collection Spat

A legal industry recruiter hit with a $3.6 million judgment in a trade secrets battle told a Texas federal judge Thursday that his old employer's lawyer and its president have sent "menacing" emails amid collection efforts.
October 06, 2022
Kreindler & Kreindler Seeks Stay Of 9/11 Depo Leak Sanctions

Kreindler & Kreindler LLP on Tuesday asked a New York federal judge to stay a sanction order over the leak of a deposition from the 9/11 multidistrict litigation, contending the rule on which the sanction order was based doesn't allow the court to sanction a law firm.
October 06, 2022
The 4 Law Firms That GCs Most Hate To Face In Court

General counsel and other legal leaders have again named four law firms as the most "fearsome" to face off against in court, according to a litigation report by BTI Consulting Group released Thursday.
October 06, 2022
NJ High Court Clarifies Atty Rules On Advertising Of Awards

A Supreme Court of New Jersey committee has tightened guidelines about how lawyers who have received awards singling them out as the "top" or "best" attorneys can mention their awards in their advertising, saying that awards whose criteria are not rigorous and based on thorough investigations cannot be used for self-promotion.
October 06, 2022
Del. Chancellor Agrees To Musk's Request To Stay Twitter Trial

Delaware's chancellor agreed Thursday to stay a five-day trial scheduled to begin Oct. 17 on Twitter's suit to force Elon Musk to close on his $44 billion offer for the social media giant, saying the court would hold a November trial if Musk misses an Oct. 28 take-private deadline.
October 06, 2022
Corporate Law Demand Expected To Drop 22% By End Of Year

The sky-high demand law firms enjoyed last year will likely be more grounded for many practice areas this year, including for corporate law, according to a report released Thursday by LexisNexis Legal & Professional.
October 06, 2022
Northeastern Law Apologizes For False Acceptance Emails

The Northeastern University School of Law is apologizing after it sent erroneous acceptance emails to thousands of past and current applicants.
October 06, 2022
Companies' Litigation Caseloads Grow Faster Than Spending

In a reversal from last year, the number of cases companies are litigating is growing faster than the amount of money being spent on that litigation, according to a new report published Thursday.
October 06, 2022
Verizon Fights Trump Aide's Escape Bid For Jan. 6 Records

Verizon has pushed back against a longtime Donald Trump aide's attempt to escape a subpoena for his phone records by the U.S. House of Representatives committee's Jan. 6th Capitol insurrection investigation.
October 05, 2022
5th Circ. Judge Calls Anti-Yale Clerk Hiring Policy 'Regrettable'

U.S. Circuit Judge Jerry E. Smith on Tuesday appeared to reject a fellow Fifth Circuit judge's decision to no longer hire clerks from Yale, calling the move "regrettable" and saying he's hopeful to get "even more Yale applications from qualified men and women."
October 05, 2022
Ex-Wilson Elser Litigator Says He Can't Arbitrate Bias Suit

A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator urged a New York federal court not to send his suit — which claims he was fired for being disabled — to arbitration, arguing Wednesday that it would be prohibitively expensive for him and that the firm's arbitration agreement is unconscionable.
October 05, 2022
Legal Roadblocks May Have Made Musk Blink On Twitter Deal

Shaky defenses, negative Delaware Court of Chancery rulings and the risk of costly sanctions appear to have scuttled tech mogul Elon Musk's attempt to escape his $44 billion agreement to take Twitter Inc. private, experts told Law360, although the case remained live and moving forward Wednesday.
October 05, 2022
On 38th Anniversary, Ill. Fed. Judge Norgle Retires

U.S. District Judge Charles Ronald Norgle Sr. of Illinois has taken inactive status effective immediately.
October 05, 2022
11th Circ. Fast-Tracks DOJ's Appeal Of Trump Special Master

The Eleventh Circuit agreed Wednesday to expedite the government's appeal of a Florida federal judge's decision to appoint a special master to screen documents seized at former President Donald Trump's Mar-a-Lago estate.
October 05, 2022
Citigroup GC On Journey From Midwest To Wall Street

Brent McIntosh became Citigroup Inc.'s general counsel after the most challenging period of his career helping the U.S. Treasury Department navigate the COVID-19 pandemic that threatened a global economic collapse — a challenge he never imagined he would have as a boy growing up in a small Midwest town. He recently spoke with Law360 Pulse about his career, cryptocurrency and the next big challenges for the banking industry.
October 05, 2022
Ex-Jones Atty Fined Over 'Burn' Text In Ocado Suit

A former senior Jones Day lawyer has been spared a prison sentence for instructing a client to delete a secure messaging app as a judge said Wednesday that the consequences he has already suffered should be a sufficient deterrent for other attorneys.
October 04, 2022
The High Court Cases Threatening Big Tech Immunity

The tech world has been waiting with bated breath to see whether the U.S. Supreme Court would reconsider the broad immunity currently enjoyed by internet giants like Google and Twitter under Section 230 of the Communications Decency Act. But now that the justices have decided to review the protections, the industry must wait to find out what that means for the companies and the millions who use them.
October 04, 2022
4th Circ. Judge Motz Moves To Senior Status

Judge Diana Gribbon Motz of the Fourth Circuit moved to senior status at the end of September, creating a vacancy on the court before President Joe Biden has named a nominee to succeed her.
October 04, 2022
Justice Jackson's Originalist Case For Voting Rights Act

The Supreme Court was ablaze with debate Tuesday morning over whether the Voting Rights Act allows judges to consider race to remedy unequal representation, with newly confirmed Justice Ketanji Brown Jackson making an impassioned "originalist" case that the Reconstruction Amendments did not mandate "race-blind" laws.
October 04, 2022
Recruiting Firm Wants DLA Piper, Tauler Smith To Pay Fees

Citing what it said was their "vexatious" and "unreasonable" conduct in the case, a legal recruiting firm that recently won a $3.6 million judgment against an ex-employee has asked a federal judge to force DLA Piper and Tauler Smith LLP to pay a portion of the nearly $2 million it's seeking in fees.
October 04, 2022
National Politics Cast Long Shadow On State High Courts

As the U.S. Supreme Court has punted hot-button issues like gerrymandering and abortion back to the states, formerly insular state supreme court elections are being turbocharged by national politics.
October 04, 2022
Trump Asks High Court To Intervene In Mar-A-Lago Docs Case

Former President Donald Trump on Tuesday asked the U.S. Supreme Court to step in and reverse an Eleventh Circuit order that allowed the U.S. Department of Justice to review classified documents seized from his Florida resort and residence, arguing that the appellate court lacks jurisdiction.
October 04, 2022
In State Court Elections, Few Step Up To Take On Incumbents

After record cash was spent in state high court elections two years ago, contentious issues like COVID-19 health rules, state gun laws, and the right to abortion promise to keep public attention on dozens of seats up for grabs this November. But nationwide, a heavy advantage for sitting judges, sky-high campaign costs, and other factors discourage challengers, leaving voters without a choice in thousands of races.
October 04, 2022
Girardi Victims Hit NY Law Firm With $6.3M Conversion Suit

Girardi Keese founder Tom Girardi illegally gave $6.3 million from a burn victim's settlement to a New York lawyer who founded a litigation lending company, the victim's family says in a new lawsuit filed in Los Angeles.
October 04, 2022
The Top In-House Hires Of September

Legal department hires last month included high-profile appointments at Pinterest, Voya and the U.S. Chamber of Commerce. Here, Law360 looks at some of the top in-house announcements from September.

Expert Analysis

Limiting The Scope Of Representation Is Critical For Lawyers

A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
The Lawyer Personalities That Make Up Joint Interest Groups

As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.
How ITC's Junior Atty Program Can Benefit Firms, Clients

Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.
Attys Shouldn't Assume Judicial Critique Is Protected Speech

As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
Series

Keys To A 9-0 High Court Win: Practicality Over Perfection

When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
What New Bar Exam Means For Law Students And Schools

Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
Apple's New Messaging Features Will Complicate E-Discovery

Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
Law Firm Inclusion Efforts Often Overlook Business Staff

Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases

A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.
An Associate's Guide To Rebounding After A Layoff

Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.
AML Regulation Of Lawyers Is Imminent And Controversial

The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.
Key Adaptations For Law Firms Amid Quiet Quitting Movement

While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment

The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.
Creating A Hybrid Work Policy? Be Intentional And Inclusive

The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.
A Law Firm's Guide To Humane Layoffs As Recession Looms

Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.