The American Lawyer International |News

Shearman & Sterling to Open Seoul Office

John Kang | September 19, 2018

The firm will enter Asia's fourth-largest economy as U.S. rival Simpson Thacher & Bartlett prepares to exit by year's end.

The Legal Intelligencer |Analysis

How Holland & Knight Built a Philadelphia Office on Reed Smith Talent

Lizzy McLellan | September 19, 2018

The firm capitalized on Reed Smith's shifting priorities to grow from zero to more than 30 lawyers in Philadelphia in a flash.

Law.com

Compliance Hot Spots: 10 Years After the Siemens FCPA Deal | Tesla's Woes Mount | All the New Moves, Who Got the Work & More

C. Ryan Barber | September 18, 2018

Welcome back—lot to unpack this week. We've got some reflections on the blockbuster Siemens FCPA deal ten years later. Plus: Catch up on the new moves and appointments in Washington and elsewhere. And scroll down for the firms getting some recent SEC work. Thanks for reading Compliance Hot Spots.

American Lawyer |Commentary

Brett Kavanaugh Was a Bad Teenager

Vivia Chen | September 18, 2018

The Supreme Court nominee's detractors hint that the alleged incident in his youth is indicative of his darker side, that it illustrates his capacity for duplicity—that past is prologue. But I think it mainly shows he was drunk and callow.

New York Law Journal |News

Catholic Diocese of Brooklyn Agrees to Record $27.5M Settlement With Sex Abuse Victims

Andrew Denney | September 18, 2018

In one of the biggest settlement agreements reached in New York for survivors of sexual abuse in the Catholic Church, the Roman Catholic Diocese of Brooklyn has agreed to pay $27.5 million to four persons who alleged they had been abused as children by a volunteer at the St. Lucy-St. Patrick’s church in Brooklyn, the plaintiffs' lawyers in the case said Tuesday.

The National Law Journal |News

Class Action Filed Over Deadly Gas Explosions in Massachusetts

Amanda Bronstad | September 18, 2018

The lawsuit is the first filed after explosions in the Merrimack Valley region that forced thousands to evacuate, injured over 20 and killed one on Sept. 13.

Law.com |Analysis

Will This Crypto Case Push Federal Regulators to Tackle More ICO Fraud?

Ian Lopez | September 18, 2018

A U.S. district court of New York ruling allowing a jury to apply securities laws in an ICO fraud case may set the stage for regulators to heighten actions in the nascent marketplace.

New York Law Journal |News

Visa, Mastercard Agree to Pay $6.2B to Merchants in Settlement of Antitrust Litigation

Andrew Denney | September 18, 2018

Visa, Mastercard and a number of U.S. banks have reached an agreement to pay $6.2 billion to settle a long-running class action suit brought by millions of merchants over card swipe fees.

New York Law Journal |News

Lawyers for Ex-Skadden Partner Deny He Shared Ukraine Report With US Officials

Christine Simmons | September 18, 2018

Greg Craig's lawyers say their client "never disseminated Skadden’s report" to U.S. officials, and he did not have to register as a foreign agent.

Law.com |Q&A

African-American Law Prof Arrested During Traffic Stop Plans Civil Rights Suit

Karen Sloan | September 18, 2018

Kevin Brown, a professor at Indiana University Maurer School of Law-Bloomington, says he feels a responsibility to pursue accountability for police who abuse their power.

New York Law Journal |News

Experts See Few Parallels as Skadden's Ukraine Work Comes Under Fire

Christine Simmons | September 18, 2018

The controversy surrounding former partner Gregory Craig is bringing new attention to lawyers and law firms' obligations under the eight-decade-old Foreign Agents Registration Act.

The National Law Journal

Female Clerks Stand by Kavanaugh Despite Assault Allegation

Tony Mauro | September 18, 2018

“The recent allegation is flatly inconsistent with everything I know of him," one former Kavanaugh clerk, Sarah Pitlyk, says.

Law.com

Ahead of the Curve: Election Law Is Hot

Karen Sloan | September 18, 2018

Plus, innovative ways law schools are spreading legal education and kudos to a student-run publication.

The American Lawyer International

Trio of Law Firms in UK Buck Trend of Big Four Threat With EY Hires

Krishnan Nair | September 18, 2018

Simmons, Gowling WLG and Brodies are bringing in EY talent.

Daily Report |News

Judge Finds Ga. Elections at Risk of Hacking, Declines to Order Paper Ballots

R. Robin McDonald | September 18, 2018

Judge Totenberg warned Georgia’s election officials that further delay addressing the challenges facing the state’s election system are not tolerable.

Law.com

Law firms need to consider a range of options for achieving their aspirations

Mary K Young and Kent Zimmermann| September 18, 2018

Why laterals and combinations are options many firms pursue

The American Lawyer International

'It’s a Question of When, Not If'—Baker McKenzie Sets Sights on US Merger

Rose Walker | September 18, 2018

The firm is targeting growth on the east and west coasts amid interest from several domestic firms.

Law.com |News

Dentons Completes 30-Lawyer Malaysian Combination

John Kang| September 17, 2018

Malaysia is the global firm's third base in Southeast Asia, after Singapore and Myanmar. Dentons is also currently finalizing a combination with Indonesia's Hanafiah Ponggawa & Partners.

The National Law Journal |Q&A

Lawyers Who Guided Anita Hill Offer Advice to Kavanaugh's Accuser

Marcia Coyle | September 17, 2018

"The brutality of the political arena is merciless," says Georgetown Law's Emma Coleman Jordan, who was on the team advising and guiding Anita Hill in 1991 when she testified against Clarence Thomas at his U.S. Supreme Court confirmation hearing. Jordan and a colleague, Susan Deller Ross, offer insight, as Congress prepares for the possibility of the airing of misconduct claims against Supreme Court nominee Brett Kavanaugh.

The Recorder |News

Musk Hit With Defamation Suit by British Caver He Called 'Pedo Guy' on Twitter

Ross Todd | September 17, 2018

The lawsuit marks the second time this month that Musk's tweeting has resulted in a lawsuit following earlier securities suits based on his tweets about taking Tesla private.

Texas Lawyer |News

Is Kirkland Raiding the Big Four?

Brenda Sapino Jeffreys | September 17, 2018

Kirkland & Ellis has picked up two KPMG tax lawyers for its new Dallas office in the past few months.

Law.com |News

After Hurricane Florence, Legal Community Considers Next Steps

Phillip Bantz | September 17, 2018

“It’s not like you can relax and focus on work when you’re thinking about everyone who stayed behind," said one lawyer in North Carolina who evacuated ahead of the storm.

American Lawyer |News

Can a Big Law Private Equity Practice Play Matchmaker?

Roy Strom | September 17, 2018

Holland & Knight is taking a page out of an investment banker’s playbook.

American Lawyer |Analysis

Amid Sanctions, Global Law Firms Face Russian Reckoning

Dan Packel | September 17, 2018

International firms are finding themselves cut off from key Russian clients, and they're coping with increasing homegrown competition. But some are equipped to ride out the storm.

The Recorder |News

Uber Judge Steers Data Breach Cases to Arbitration, Cutting the MDL in Half

Amanda Bronstad | September 17, 2018

The judge rescheduled a hearing on lead counsel motions for next month.

Law.com |News

Multistate Bar Exam Scores Sink to 34-Year Low, Pass Rates Sag

Karen Sloan | September 17, 2018

Upticks in the average MBE scores in July 2017 and 2016 had fueled hopes of a recovery in bar exam pass rates, but the latest figure indicate otherwise.

The National Law Journal |News

Kavanaugh, Amid Sexual Assault Claim, Reportedly Hires Beth Wilkinson

Ellis Kim | September 17, 2018

Beth Wilkinson has deep experience representing high-profile clients in hot water, and recently commented on her experience as a female trial lawyer.

The Recorder |News

Police Find Body of Berkeley Law Student Who Fell Down Oregon Waterfall

Karen Sloan | September 17, 2018

Equal Justice America, a nonprofit organization that funds fellowships for law students who work in civil legal services, has established a scholarship fund in honor of Brian Lewinstein, who had been missing and presumed dead since August 12.

The Recorder |News

Rimon Reels in 8-Strong Silicon Valley IP Team

Xiumei Dong | September 17, 2018

The firm is taking on an intellectual property group from Duane Morris led by the latter's Silicon Valley leader.

Corporate Counsel |News

Viet Dinh Will Be CLO for Spun-Off Fox Company After Disney Merger

Dan Clark | September 17, 2018

Viet Dinh, an independent director of the 21st Century Fox Inc. board and most recently a partner at Kirkland & Ellis, will step down from the board to become the new chief legal and policy officer of the combined company that will emerge from The Walt Disney Corp.'s purchase of Fox's film and TV studios in the first half of 2019.

American Lawyer |News

Proskauer Partner Behind $50M Gender Bias Suit Jumps to Polsinelli

Ryan Lovelace | September 17, 2018

Less than six weeks after settling her lawsuit against Proskauer Rose, Connie Bertram is taking her labor and employment practice elsewhere.

The American Lawyer International |News

Six-Lawyer Team Leaves Hong Kong's Oldham Li & Nie to Form New Firm

John Kang | September 17, 2018

Employment partner Adam Hugill and private client partner Alfred Ip have left the midsized firm with a team that includes corporate partner Christopher Hooley, consultant Gary Wong, and two associates.

The National Law Journal |News

Debra Katz: Kavanaugh Accuser Is Willing to Testify About Misconduct Claims

Tony Mauro | September 17, 2018

"My client will do whatever is necessary to make sure that the Senate Judiciary Committee has the full story and the full set of allegations to allow them to make a fully informed decision," Debra Katz of Washington's Katz, Marshall & Banks said Monday.

Law.com |News

IVC Filter Trials Forging Ahead, With Another Case Set for Sept. 18

Amanda Bronstad| September 16, 2018

So far, there's no clear victor in trials aimed at resolving 9,000 cases over the medical devices.

The National Law Journal |News

Kavanaugh Accuser, Speaking Publicly, Puts New Pressure on Republicans

Marcia Coyle | September 16, 2018

A spokesman for the Senate Judiciary Committee said in a statement Sunday: "It’s disturbing that these uncorroborated allegations from more than 35 years ago, during high school, would surface on the eve of a committee vote after Democrats sat on them since July."

The National Law Journal |News

Greg Craig Repped by Bill Taylor & Zuckerman Spaeder Amid SDNY Investigation

Ellis Kim | September 15, 2018

The former of counsel at Skadden is facing a federal investigation tied to special counsel Robert Mueller’s probe into Russian interference in the U.S. elections.

American Lawyer |Commentary

News You Can't Use

Vivia Chen | September 14, 2018

Junior's been busy, Cruz hates tofu, and Miss America is so over.

The Recorder |News

Firm That Won Landmark Monsanto Verdict Allowed to Remain on Roundup MDL Leadership Team

Ross Todd | September 14, 2018

Although U.S. District Judge Vince Chhabria previously found Baum Hedlund had committed misconduct, at a hearing Thursday he allowed the firm to stay on—with a warning that any future missteps could result in "very, very severe sanctions."

Law.com |Research

ALM Survey on Mental Health and Substance Abuse: Big Law’s Pervasive Problem

Patrick Krill| September 14, 2018

ALM Intelligence's survey of Am Law 200 firm leaders about their attitudes and actions regarding addiction and mental health challenges reveals much work remains to be done to deal with the problem.

Law.com |Podcast

Paul Clement Is Stoked for Brett Kavanaugh and the Term Ahead

Vanessa Blum | Leigh Jones | September 14, 2018

The Kirkland & Ellis partner reflects on Brett Kavanaugh's confirmation hearings, his judicial philosophy and what to expect in the coming Supreme Court term.

Corporate Counsel |News

5 Key Points for Legal Departments From the EU's Controversial Copyright Directive

Dan Clark | September 14, 2018

The EU's attempt to create copyright laws for the internet age has companies and technologists panicking. Here's what law departments should take away.

American Lawyer |News

Madoff-Related Fees Top $1B for Baker & Hostetler

Scott Flaherty | September 14, 2018

As the trustee, Irving Picard, and his team have recovered billions for Madoff's victims over the past decade, Baker & Hostetler has benefited from a steady stream of income.

The National Law Journal |News

#MeToo Whistleblower Lawyer Makes Waves in Washington

Ryan Lovelace | September 14, 2018

It’s been a busy time for Debra Katz, the D.C. attorney identified as representing the letter-writer roiling Brett Kavanaugh's confirmation this week.

LegalTech News |News

Law Firms Evacuate, Safeguard Data Ahead of Hurricane Florence

Victoria Hudgins | September 14, 2018

As North and South Carolina brace for Hurricane Florence, law firm CIOs and lawyers said preparation and practice for inclement weather are key in protecting client data and law firm tech.

The Legal Intelligencer |Analysis

Blank Rome Case Raises Sticky Questions on Law Firm Mergers

Lizzy McLellan | September 14, 2018

When is a law firm merger not a merger? In demanding millions of dollars from Blank Rome, former Dickstein Shapiro partners may help drum up answers.

American Lawyer |News

Without Ed Hochuli, Who Is the Most Recognizable NFL Lawyer-Referee?

Roy Strom | September 14, 2018

The buff-looking former official and Phoenix litigator retired earlier this year. In order to crown a new champion, we must go to the replay booth.

The Recorder |News

Berkeley Law Is Deeply Divided on 'Boalt' Name, Chemerinsky Says

Karen Sloan | September 14, 2018

The University of California, Berkeley School of Law dean discusses the movement to remove references to John Boalt from the law school, and why people on both sides feel so strongly about the issue.

Law.com |Research

Law Firms: You Can't Buy Yourself Out Of Risk

Mark Sangster| September 14, 2018

A survey of more than 160 law firm executives (from medium to large firms) found that law firms are among some of the highest spenders on security yet were susceptible to some of the most common risks. And the issue will grow over the coming years as the demands of the business drive the adoption of emerging technologies, such as cloud and Artificial Intelligence (AI).

The National Law Journal

Brett Kavanaugh Controversy Recalls Past Confirmation Tussles

Tony Mauro | September 14, 2018

Brett Kavanaugh on Friday "categorically and unequivocally" denied claims of sexual abuse from his high school years. Other nominees who preceded him in being nominated for the same Supreme Court seat he is expected to occupy have run into other kinds of trouble.

New York Law Journal |News

Trump Ambassador Pick Faced Sexual Harassment Claims at Former Law Firm

Christine Simmons | September 14, 2018

In seeking confirmation to serve as U.S. ambassador to Romania, Seyfarth Shaw partner Adrian Zuckerman could face questions about decade-old sexual harassment claims related to his time at Lowenstein Sandler.

The National Law Journal |News

Paul Manafort Flips on Trump as Plea Deal Unveiled

Ellis Kim and C. Ryan Barber| September 14, 2018

The cooperation agreement requires Manafort to participate in interviews, provide documents in his control, testify and agree to delays for his sentencing.

Law.com |News

Title IX is Changing, and Lawyers Have Opinions

ALM Staff| September 14, 2018

Delving into the pros and cons, litigators and former administrators are expecting to see changes as a result of these proposals.

Law.com |Commentary

The Law Firm Disrupted: Outside Ownership of a Law Firm Alert!

Roy Strom | September 13, 2018

San Francisco-based Atrium, started a little more than a year ago by someone who made his fortune live-streaming video games, has snagged $65 million to continue providing flat-fee legal advice to startups. Where is Big Law in all of this?

The Recorder |News

Bill Reshaping 9th Circuit Passes House Committee

Ellis Kim | September 13, 2018

The bill passed 16-5. Previous efforts to reshape the nation's largest circuit have failed.

The National Law Journal |News

Federal Judicial Misconduct Rules Could Get a Significant Makeover

Tony Mauro | September 13, 2018

Proposed changes in the rules governing judicial misconduct and disability would expand the definition of "cognizable misconduct" that could lead to sanctions against judges.

The Recorder |News

California's Bar Exam Evaluated Again, This Time on Job Skills

Karen Sloan | September 13, 2018

AccessLex Institute has given the state bar $515,000 to look at how California lawyers do their jobs and how the bar exam tests those skills.

Corporate Counsel |News

Crypto on K Street: New Blockchain Lobbying Group Pushes for Increased Regulatory Clarity

Caroline Spiezio | September 13, 2018

Look out Washington, D.C., crypto companies are coming. They want to help shape the conversation about regulating this burgeoning industry.

Law.com

Higher Law: Elon Musk's Podcast Puff | Dispensary Owner Gets to Fight Anew | Pot Research Requests Languish | Plus: Who Got the Work

Cheryl Miller | September 13, 2018

This week, we consider Elon Musk and the pot puff seen 'round the world. Plus, some breaking news on a medical marijuana prosecution. And scroll down to see who got the work. Enjoying Higher Law, or other feedback? Pass it along!

The National Law Journal |News

Lawyers Spar Over Trump Tax Return FOIA Suit at DC Circuit

Ellis Kim | September 13, 2018

At least one D.C. Circuit judge appeared skeptical of the DOJ argument that EPIC, the advocacy group seeking Trump's tax returns, hadn’t completed its Freedom of Information Act request.

The National Law Journal |News

Jeff Sessions, Nodding to Justice Thomas, Takes New Swing at National Injunctions

Mike Scarcella | September 13, 2018

U.S. Attorney General Jeff Sessions: "This kind of judicial activism did not happen a single time in our first 175 years as a nation, but it has become common in recent years. It has happened to the Trump administration 25 times in less than two years."

Daily Report |News

Embezzlement Trial Over Defunct Atlanta Firm Will Hinge on Intent

Meredith Hobbs | September 13, 2018

Prosecutors say they'll show Nathan Hardwick siphoned funds from now-bankrupt Morris Hardwick Schneider to fuel his "lavish spending," including more than $16 million on charter jets, gambling and women.

The Recorder |News

Ninth Circuit Cannabis Ruling Gives Biz Owner New Chance to Fight Charges

Cheryl Miller | September 13, 2018

A new Ninth Circuit ruling confronts the clash between federal and state marijuana laws. "If [Charles] Lynch was not compliant with state law, he is not covered by the rider and is subject to the penalties of his conviction," the Ninth Circuit said.

Law.com |News

Higher Law School Tuition Actually Boosts Enrollment, Study Finds

Karen Sloan | September 13, 2018

New research shows that having to pay more for law school doesn't deter applicants and new students. In fact, the opposite is true.

Law.com |Event

Learn More: Why GCs Are Coming Together to Help Women Perfect Their Pitch

Law.com Editors| September 13, 2018

Join ALM’s editors for a free call on Monday, Sept. 17 to learn more about “Perfecting Your Pitch”— a training and networking opportunity for women lawyers this fall in New York and San Francisco.

Corporate Counsel |News

21st Century Fox GC to Return 'Home' to Williams & Connolly Following Disney Deal

Dan Clark | September 13, 2018

Gerson Zweifach will return to his old law firm once the Disney deal closes—likely in the first half of 2019.

Law.com |News

Hurricane Florence's Arrival Shuts Down Carolina Courts

Scott Flaherty | September 13, 2018

State and federal courts in the Carolinas, as well as law schools, have suspended their operations as the storm begins to throttle the area with heavy rains and high winds.

The Legal Intelligencer |News

Peruto Sues Amazon, Roc Nation Over Leaked Audio About Meek Mill Case

Max Mitchell | September 13, 2018

In the audio, Philadelphia defense lawyer A. Charles Peruto Jr. can be heard saying, among other things, that Judge Brinkley's conduct "looks fucking awful."

The National Law Journal |News

Valeant, Mylan Go to War Over Katten Disqualification

Scott Graham | September 13, 2018

Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.

Law.com

Labor of Law: 'Googleyness' Tested | Kavanaugh's L&E Views | Secret CBS Report | Plus: Who Got the Work & More

Erin Mulvaney | September 13, 2018

We're closely watching an age-discrimination case against Google, and new court filings offer a peek at the hiring process at the company. Check it out. Plus: CBS says it doesn't plan to release its Les Moonves investigation, and we've got a whole lot of new client engagements to share. This is Labor of Law

Law.com

A Deeper Look Into Performance Indices

Madhav Srinivasan, Chief Financial Officer at Hunton Andrews Kurth| September 13, 2018

A look at the key trends that emerge from evaluating law firms overall performance

LegalWeek

DWF revenue surges 18% ahead of anticipated IPO

Krishnan Nair | September 13, 2018

Top line jumps to £236m on the back of new office launches in Europe, Asia and Australia

The American Lawyer International |News

Revenue at UK-based DWF Surges 18 Percent Ahead of Anticipated IPO

Krishnan Nair | September 13, 2018

The firm's revenue jumped to £236 million ($308 million) on the back of new office launches in Europe, Asia and Australia

The National Law Journal

Senators Press Kavanaugh Over Kozinski Clerkship, Loyalty, Personal Debt & More

Marcia Coyle | Tony Mauro | September 12, 2018

Brett Kavanaugh responded to more than 1,000 written questions—more than any recent Supreme Court nominee. Here are some highlights from 263 pages of records released late Wednesday.

Law.com |News

Ashurst Plans to Add Alternative Legal Services Offering in Australia

Anna Zhang| September 12, 2018

The initial team will comprise six to eight legal analysts and business services roles; the Brisbane center will support offices and clients across Australia.

Law.com

Inside Track: Hanging an In-House Shingle Overseas | Big Bank Leaves RFPs Behind

Dan Clark | September 12, 2018

It’s been a busy week in the legal world. In this edition of the briefing, we’re looking at what to think about when the law department expands internationally--it’s harder than it sounds. Plus, how one major Hollywood studio’s efforts to increase diversity measure up.

Law.com |News

With Florence Approaching, Attorneys in the Carolinas Try to Work Through the Weather

Phillip Bantz | Scott Flaherty | September 12, 2018

“Until the rains and winds start, I’m accepting work. I’ve got to make money,” said one attorney in the region.

The Recorder |Update

Former Dickstein Shapiro Lawyers Sue Blank Rome Seeking $4 Million in Unreturned Capital

Ross Todd | September 12, 2018

The lawsuit, filed in California state court Wednesday, claims that Blank Rome styled its 2016 merger with Dickstein Shapiro as an “asset sale” to avoid paying out capital contributions to departed partners.

American Lawyer |News

Q&A: Why Justin Kan Thinks He Can Make Clients—and Lawyers—Happier

Dan Packel | September 12, 2018

The Twitch founder, whose New Law venture Atrium just raised $65 million, says his company can make legal services more efficient for clients and more "meaningful" for lawyers.

The National Law Journal |News

Legal Industry Admits It Has a Substance Abuse Problem, But Recovery Won't Come Easy

Ryan Lovelace | September 12, 2018

A new ABA effort suggests more law firms at least acknowledge substance abuse and mental health problems among lawyers.

The National Law Journal |News

Abbott and AbbVie 'Low Testosterone' Cases Come to an End Via Settlement

Amanda Bronstad | September 12, 2018

After kicking off with two verdicts awarding over $140 million, the docket of more than 6,000 cases alleging "low testosterone" treatments caused heart attacks and bloodclots comes to an end in a global settlement.

The Recorder |News

How Gunderson Dettmer Stays Steady Through Silicon Valley's Boom-Bust Cycles

Xiumei Dong | September 12, 2018

Formed 23 years ago this month by a group of lawyers fleeing a now-defunct legal giant, Gunderson Dettmer Stough Villeneuve Franklin & Hachigian may have a full shingle, but a focused strategy has helped it survive.

Law.com |News

Defunct Charlotte Law School and Ex-Students Reach $2.7M Settlement

Karen Sloan | September 12, 2018

If approved, the class-action settlement will end four federal suits and 90 state court suits targeting the shuttered law school.

Law.com |Infographic

Campus Sexual Assaults: What You Need to Know about Title IX Changes

Max Mitchell| September 12, 2018

New rules under federal law are set to follow the repeal of Obama-era guidelines.

The National Law Journal |News

Gibson Dunn's Ted Olson Registers as Foreign Agent for Saudi Arabia

C. Ryan Barber | September 12, 2018

A three-lawyer Gibson Dunn team discloses their advocacy for Saudi Arabia under the Foreign Agents Registration Act.

Daily Report |News

Suit Claims Steve Harvey Execs Fired Woman Who Refused Their Sex Requests

Greg Land | September 12, 2018

The federal complaint filed in Georgia's Northern District said the former president and secretary for Harvey's radio and production companies fired a woman who refused to join them for sex.

Law.com |News

Greenberg Traurig Co-President Hilarie Bass Steps Down

Zach Schlein| September 12, 2018

Hilarie Bass, who was at the law firm for 37 years and was the 2017-2018 ABA president, is launching a venture focused on women and minorities in the workplace.

Law.com

Critical Mass: Tesla's Twitter Trouble. Plus: SEC Sends Cryptocurrency Cases Soaring

Amanda Bronstad | September 12, 2018

This week, we look at the lawsuits stemming from Elon Musk's tweets about making his company private. Also up — a report claiming the SEC's the reason for more crypto suits.

The National Law Journal |News

'Kangaroo Court': Lawyers Weigh in on Betsy DeVos' Proposed Title IX Policies for Handling Sexual Misconduct on Campus

Raychel Lean | September 12, 2018

If implemented, Education Secretary Betsy DeVos' proposed changes to Title IX's campus sexual misconduct policies would reduce the liability of schools when investigating and pursuing cases against alleged perpetrators, who would be considered innocent until proven guilty.

Law.com

What's Next: EU's Right to be Censored? | Legal's Latest Crypto Craze | Hack the Vote

Ian Lopez | September 12, 2018

If a European court rules against Google, all search companies (aka not just Google) will need to ensure info delisted in Europe is delisted elsewhere, stoking fears of censorship.

American Lawyer

Ex-SDNY Judge Katherine Forrest Returns to Cravath

Dan Packel | September 12, 2018

Following stints at the Justice Department and on the federal bench in Manhattan, Forrest said she was "thrilled" to be rejoining her former firm.

Law.com |Commentary

Covington and Debevoise Report on CBS Will Stay Secret, At Least for Now

Jenna Greene | September 12, 2018

The results of an investigation by Mary Jo White—a former SEC chair and U.S. attorney—and Nancy Kestenbaum—co-chair of her firm’s white-collar defense and investigations practice group—could provide the definitive account.

The National Law Journal |Video

Donald Trump's Tax Returns Get Their Day in the DC Circuit

Mike Scarcella | September 12, 2018

Well, not the returns themselves. Because Trump hasn't released them. But there is a public-records case, set for argument Thursday in the D.C. Circuit, that seeks to force the IRS to disclose the records.

Law.com

Compliance Hot Spots: FTC's Antitrust Hearings | Meet a Goldman Whistleblower | Revolving Door, Who Got the Work & More

C. Ryan Barber | September 11, 2018

The FTC's two-day antitrust hearings this week, the first since 1990s, will bring out a who's-who from Big Law and academia—studying whether and how much enforcement must adapt in the 21st century market. Plus: Hogan Lovells gets a new drone client, an ex-Goldman Sachs whistleblower is making news, and a new Brookings report takes a deep dive on Trump's deregulatory agenda.

Law.com

Skilled in the Art: Block That Obviousness! Plus, Counting Noses on Real Parties and Groupon Turns to Gibson and Weil

Scott Graham | September 11, 2018

Tuesday's decision in Acorda Therapeutics v. Roxane Laboratories opened the door for generic companies to market competing versions of Ampyra, made new law on “blocking patents” and their impact on the obviousness analysis, and wiped more than $200 million off of Acorda's market cap.

The National Law Journal |Analysis

There's Been a Rise in Securities Lawsuits Over Cryptocurrencies, and SEC Cases Are Behind It

Amanda Bronstad | September 11, 2018

A Lex Machina report found that securities lawsuits filed over cryptocurrencies or bitcoin have tripled so far this year as SEC chairman Jay Clayton announced a crackdown on that industry.

American Lawyer

Diversity Efforts Are Basically Worthless

Vivia Chen | September 11, 2018

That's one of the news flashes from the study by the American Bar Association’s commission on women and the Minority Corporate Counsel Association.

Corporate Counsel |News

How to Build a Successful Foreign Legal Department From Scratch

Phillip Bantz | September 11, 2018

According to lawyers who have worked at DuPont, Verizon and other major companies, it's a process that can pose more than its fair share of difficulties.

The Recorder |News

Uber May Be Saving $500M a Year in California by Misclassifying Drivers, Suit Says

Ross Todd | September 11, 2018

The lawsuit, filed on behalf of livery services by lawyers at Robins Kaplan and Keller Lenkner, seeks an injunction barring Uber from pricing rides below cost and treble damages for Uber's allegedly anti-competitive activity.

American Lawyer

Venture Capitalists Pour Another $115M into Legal Tech Platforms

Dan Packel | September 11, 2018

With big new infusions from Andreessen Horowitz and others, San Francisco-based Atrium and Toronto's Kira Systems are the latest New Law ventures to win VC's attention.

The Recorder |News

Ninth Circuit Deals Blow to Koch Brothers’ Nonprofit

Ellis Kim | September 11, 2018

A conservative nonprofit organization must hand over the names of its top contributors to the California attorney general, a federal appeals court ruled Tuesday in a legal blow for the group’s founders, brothers Charles and David Koch.

The Legal Intelligencer |News

Cosby Seeks Judge's Recusal, Citing Conflict With Former DA

Lizzy McLellan | September 11, 2018

Bill Cosby wants the judge overseeing his case to recuse because of an alleged personal conflict dating back almost 20 years.

Law.com |Analysis

The Price to Pay for De Novo Review of PTO Decisions

Jonathan Moskin| September 11, 2018

NantKwest v Iancu

The Federal Circuit sitting en banc reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys’ fees.

The Recorder

Does 'Googleyness' Disfavor Older Workers? Google Says No

Erin Mulvaney | September 11, 2018

Google is fighting an age-bias case that provides a peek into the hiring practices of the company, where candidates are evaluated on, among other things, their "Googleyness."

New York Law Journal |News

US Attorney Gets Green Light to Use Securities Laws in Cryptocurrency Fraud Case

Colby Hamilton | September 11, 2018

U.S. District Judge Raymond Dearie said the cryptocurrency fraud allegations, "[s]tripped of the 21st-century jargon," were run-of-the-mill schemes that were sufficiently substantiated in the indictment.

New York Law Journal |Q&A

Q&A: Why Firms Need New Norms on Substance Abuse, Mental Health

Christine Simmons | September 11, 2018

Alcohol and drug counselor Patrick Krill says a new ABA pledge campaign to increase lawyer well-being is "not just words."

American Lawyer |News

Ropes & Gray, in Practice Refocus, Asks Four Partners to Leave in London

Hannah Roberts | September 11, 2018

Ropes & Gray is said to be looking to move away from real estate and restructuring work in London, focusing instead on more global matters out of the city.

Law.com |News

Hurricane Florence Prompts Law School Closures in The Carolinas

Karen Sloan | September 11, 2018

The Charleston School of Law won't reopen until Monday, allowing students, faculty and staff to evacuate the area.

The National Law Journal |News

Trump Defeats 'Incitement' Claims for Campaign Rally Speech

Tony Mauro | September 11, 2018

"Trump’s speech enjoys First Amendment protection, because he did not specifically advocate imminent lawless action," the U.S. Court of Appeals for the Sixth Circuit said Tuesday.

New York Law Journal |News

High Court to Weigh Whether SUNY Had ‘Substantial Evidence’ to Expel Student After Alleged Sexual Assault

Dan M. Clark | September 11, 2018

The case started well before the public reckoning of several government officials and celebrities accused of sexual harassment and assault in the #MeToo era.

The National Law Journal

Feds Should Be 'Banging the Drum the Loudest' for Cannabis Industry Banking

C. Ryan Barber | September 11, 2018

John Vardaman, a former DOJ lawyer and now general counsel to the electronic payments company Hypur, argues banking would provide visibility to the nascent multibillion-dollar industry.