DC Pulse

  • Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

    A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

  • Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'

    Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.

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    Arbitrator Ken Feinberg Doesn't Shy From Litigation Funders

    Well-known arbitrator Kenneth Feinberg, speaking at a conference on Monday, said that he doesn't automatically wrinkle his nose when he hears that a litigation funder is part of a complex legal matter that he is attempting to find a resolution to.

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    Orrick Adds Kramer Levin Life Sciences Head In NY

    The former head of Kramer Levin Naftalis & Frankel LLP's life sciences practice has jumped to the intellectual property litigation team at Orrick Herrington & Sutcliffe LLP in New York, Orrick said Monday. 

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    Insiders See Litigation Funding's Appeal Overcoming Its Risks

    With higher interest rates and fights over disclosure rules on the horizon, the litigation finance industry is in a tenuous place, but it's not slowing down, a series of experts said at the International Legal Finance Association 2024 Conference on Monday.

  • Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa

    The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.

  • Sotomayor, Jackson Dissent As Court Rejects Capital Cases

    In a pair of dissents, Justices Ketanji Brown Jackson and Sonia Sotomayor on Monday broke with a majority of their colleagues on the U.S. Supreme Court who declined to hear two death penalty cases.

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    Microsoft, Walmart CLOs Recognized For Integrity, Creativity

    The legal chiefs at Microsoft and Walmart are among about a dozen leading corporate lawyers who soon will be recognized at the Burton Awards as "Legends in Law" for their track records of addressing complex matters and creativity in solving challenges.

  • Justices Won't Nix FDA Labeling Preemption For State Claims

    The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.

  • Justices Revive 7 Immigration Appeals After Hardship Ruling

    The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.

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    Consumer Class Action Trio Joins Morgan Lewis From Crowell

    Morgan Lewis & Bockius LLP said Monday that it has added three partners from Crowell & Moring LLP to its consumer class action and product liability practice.

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    Squire Patton Names Global Litigation Practice Co-Chair

    Squire Patton Boggs LLP announced Monday that partner Scott A. Kane, who previously managed its Cincinnati office, has been appointed a co-chair of the firm's global litigation practice.

  • Justice Thomas Misses Monday's Supreme Court Arguments

    U.S. Supreme Court Justice Clarence Thomas was absent Monday for oral arguments examining disputes over whether accepting illegal gratuities without a quid pro quo is prohibited under a federal bribery statute and what test courts should apply when determining whether malicious prosecution claims can proceed. 

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    Justices Allow Class Action Over ATM Fees To Proceed

    The U.S. Supreme Court on Monday declined to review a D.C. Circuit decision affirming class certifications in a long-running ATM fee dispute, which Visa and Mastercard claimed created a circuit split over the correct standard of review courts should use when considering certification motions.

  • High Court Passes On Tenants' Debt Collection Dispute

    The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.

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    Fed. Circ.'s Fight With Newman: A Year In Review

    One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.

  • Fed. Circ.'s Competency Feud With Newman Turned Personal

    A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.

  • Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

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    Judge Pauline Newman's Year In Her Own Words

    April 14 marks the one-year anniversary of when the Federal Circuit confirmed an unprecedented investigation into whether U.S. Circuit Judge Pauline Newman was mentally and physically competent to remain on its bench, and the judge has not been allowed to hear cases during that time. Here is what she had to say about the investigation in an interview with Law360.

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    Law360's Legal Lions Of The Week

    Reichman Jorgensen Lehman & Feldberg LLP and Bryan Cave Leighton Paisner LLP  lead this week's edition of Law360 Legal Lions, after an Illinois federal jury found that Amazon owes $525 million in damages for infringing three patents covering cloud data storage technology.

  • Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys

    The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.

  • Seward & Kissel Launches Private Credit Practice Group

    Seward & Kissel LLP has formally launched a practice group dedicated to private credit matters, a fast-growing area of law for its attorneys, the firm announced this week.

  • Law360 Pulse's Spotlight On Mid-Law Work

    Hagens Berman being named interim lead counsel of a rent price-fixing proposed class action and Seward & Kissel's work on a finance industry acquisition lead this edition of Law360 Pulse's Spotlight On Mid-Law Work, recapping the top matters for Mid-Law firms from March 29 to April 12.

  • DC Circ. Upholds Jan. 6 Rioter's 52-Month Sentence

    The DC Circuit on Friday affirmed a judgment and 52-month sentence against a Texas militia leader who pled guilty to assaulting a law enforcement officer during the Jan. 6 riot at the U.S. Capitol, saying the judge had acted within his discretion in applying certain enhancements.

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    White & Case Blazes With Series Of M&A Lateral Hires

    White & Case LLP in recent months has become a virtual magnet for attracting top-notch laterals working in mergers and acquisitions, with the firm aggressively moving to hire partners in one of the legal industry's most competitive and elite job markets.

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Expert Analysis

  • ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers Author Photo

    Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.

  • Pro Bono Work Is Valuable In IP And Continued Learning Author Photo

    The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.

  • Increasing Public Access To Legal Services: A Practical Plan Author Photo

    Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.

  • Priorities For Improving The Legal Industry In Texas Author Photo

    To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.

  • Leading Your Law Firm's Creation Of A New Practice Group Author Photo

    Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.

  • Series

    Ask A Mentor: How Do I Relay Shortcomings To Associates? Author Photo

    Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.

  • 10 Principles For Effective Partner Reward Systems Author Photo

    Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.

  • Why Interdisciplinarity Is Key To Designing The Future Of Law Author Photo

    The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.

  • Incorporating ADA Guidance Into Lawyer Wellness Movement Author Photo

    The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.

  • Series

    Ask A Mentor: How Can New Partners Generate Business? Author Photo

    Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.

  • 9 Writing Tips From The Justices' Opinions Last Term Author Photo

    Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.

  • What Web3 Means For Lawyers' Ethical Duties Author Photo

    As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.

  • NY's Cybersecurity CLE Rule Is A Sign Of Changing Times Author Photo

    New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.

  • Opinion

    Law Firms Stressing Work-Life Balance Are Missing The Mark Author Photo

    Law firms struggling to attract and retain lawyers are institutionalizing work-life balance through hybrid work models, but such balance is elusive in a client services and tech-dependent world, underscoring the need for firms to instead aim for attorney empowerment and true balance within — not outside — the workplace, says Joe Pack at Pack Law.

  • A Law Student's Guide To Thriving As A Summer Associate Author Photo

    Summer associates are expected to establish a favorable reputation and develop genuine relationships in a few short weeks, but several time management, attitude and communication principles can help them make the most of their time and secure an offer for a full-time position, says Joseph Marciano, who was a 2022 summer associate at Reed Smith.

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