Law.com | Analysis

Trump Watch: Is Paul Manafort Jail-Bound? Plus, Help Wanted for Cohen’s Legal Team

Ellis Kim | June 15, 2018

Special Counsel Robert Mueller is asking a federal judge to modify the former Trump campaign chairman's bail conditions after he was accused of attempting to tamper with witnesses.

Law.com | Analysis

The Law Firm Disrupted: Salary Wars Were So Last Week, Here Come the Training Wars?

Roy Strom | June 14, 2018

A training program run by Milbank, Tweed, Hadley & McCloy at Harvard Law School could signal a new front in the ongoing battle for high-end legal talent.

The American Lawyer | Analysis

These Boutiques Aren't Hesitating to Match Milbank on Associate Pay

Lizzy McLellan | June 14, 2018

Several elite litigation boutiques are keeping pace with salary increases at Milbank and Cravath. One hints it's about to go even higher.

National Law Journal | Analysis

John Roberts, Hypotheticals & More: 4 Takeaways From Minnesota Voter-Apparel Ruling

Marcia Coyle | June 14, 2018

U.S. Supreme Court Chief Justice John Roberts Jr., leading the court in striking down Minnesota's ban on political apparel in the voting booth, showed again he is the justice steering the court through challenges under the First Amendment and making these rulings a crucial part of his legacy.

Law.com | Analysis

Inside Track: Legal Ops Abroad | What You Said About Associate Raises | Big Money Behind Net Neutrality Repeal

Rebekah Mintzer | June 13, 2018

In this edition of Inside Track, we’ll look at the big bucks companies have spent lobbying around net neutrality. And, speaking of money, in-house legal leaders have continued to send us scathing feedback on the recent Milbank associate raises and their fallout.

Law.com | Analysis

Critical Mass: SCOTUS Takes Another Swipe at Class Actions. Plus, Plaintiffs' Bar Salary Wars

Amanda Bronstad | June 13, 2018

The U.S. Supreme Court dealt another blow to class actions this week with a decision that prevents lawyers from tolling the filing of individual shareholder cases.

Law.com | Analysis

Skilled in the Art: Snapping Back at BlackBerry, plus New Rules at ITC

Scott Graham | June 13, 2018

Paul Hastings partner Yar Chaikovsky has taken aim at three patents BlackBerry is asserting against both Facebook and Snap, plus three more BlackBerry is asserting against Snap only.

Legaltech News | Analysis

The Problem with Law Schools? They Only Prepare Future Lawyers

Rhys Dipshan | June 12, 2018

Speakers at the Thomson Reuters 2018 Legal Executive Forum in New York argue that legal education has fallen behind as the legal industry has shifted to serve more operational and business needs.

Law.com | Analysis

Ahead of the Curve: Here Come the Hybrids

Karen Sloan | June 11, 2018

The University of Dayton School of Law’s entrance into the J.D. hybrid arena provides a peg for a closer examination of largely online degrees. AccessLex Institute’s Chris Chapman weighs in.

Law.com | Analysis

Skilled in the Art: Federal Circuit, PTAB Plot Path Forward after SAS Ruling

Scott Graham | June 08, 2018

The U.S. Supreme Court's SAS ruling ruling didn't address what happens to pending appeals from PTAB judgements that are now not considered complete.

Law.com | Analysis

Labor of Law: 'Masterpiece' and the Employer Perspective | EEOC Sexual Harassment Hearing | Plus: Who Got the Work

Erin Mulvaney | June 08, 2018

Catch up on what the employment bar is saying about the Supreme Court's Masterpiece Cakeshop ruling, and the EEOC is preparing for a hearing next week about sexual harassment in the workplace. Thanks, always, for reading Labor of Law.

Law.com | Analysis

The Law Firm Disrupted: Will Milbank’s Raise Burst the Big Law Prestige Bubble?

Roy Strom | June 08, 2018

The move this week by one Am Law 100 firm to raise associate salaries has already triggered a spate of matches. But a tipping point could be looming on the horizon.

Law.com | Analysis

Persky Recall Was a 'Perfect Storm.' But Did It Give Future Recall Advocates a Road Map?

Ben Hancock | Hank Grezlak | June 07, 2018

Many things were unique about the recall of Judge Aaron Persky. But some lawyers and experts worry it could still embolden others unhappy about judicial decisions to try something similar.

Law.com | Analysis

Navigating the Fear and Promise of Artificial Intelligence

Jeff Reihl and Rick McFarland | June 07, 2018

With the corpus of law data becoming ever-more complex and nuanced, the use of machine-assisted research and analysis is becoming more of a requirement, rather than an option, in the legal profession. Because of this, some have expressed fear that robot-lawyers will replace legal professionals.

Law.com | Analysis

Inside Track: Associate Pay Raises - Now What? | Sanofi Strikes Back | Open Source Balancing Act

Rebekah Mintzer | June 06, 2018

This week on Inside Track: Milbank has raised its associate rates and at least one general counsel isn't happy with the development. Plus a look at how Sanofi's top lawyer in North America managed the company's response to a controversial tweet from Roseanne Barr.

Law.com | Analysis

Compliance Hot Spots: Dark Days for the Consumer Complaint Database? | Behind Sanofi's Viral Tweet | Plus: Who Got the Work

C. Ryan Barber | June 06, 2018

Business advocates are pressing their wishes to end or restrict the CFPB's consumer complaint database. Plus: Get the inside story behind Sanofi's viral tweet responding to Roseanne Barr. And: scroll down for who got the work in some big cases making headlines.

Law.com | Analysis

Skilled in the Art: Has 'Oil States' Been Overruled? Plus, Twin Win for Twitter

Scott Graham | June 06, 2018

The main holding of Oil States seemed somewhat shaky this week as the Federal Circuit heard arguments on tribal sovereign immunity.

International | Analysis

International Law Firms Are Opening Offices in Tokyo Again

John Kang | June 05, 2018

Firms like Mayer Brown, Debevoise & Plimpton and King & Spalding came to Japan riding on a recent wave of outbound projects and M&A deals.

Law.com | Analysis

Skilled in the Art: Fed Circuit Fireworks on Docket for Cisco, Allergan

Scott Graham | June 01, 2018

Top advocates will be arguing at the appeals court next week in hot IP cases involving copyright protections for software and claims of tribal immunity in PTO proceedings.

The American Lawyer | Analysis

Recruiters See Effects of Sexual Misconduct on Lawyers' Careers

Lizzy McLellan | June 01, 2018

From gossip about workplace culture to stories about individual law firm partners, tales of inappropriate conduct regularly reach the ears of professional legal recruiters.

The Recorder | Analysis

In New Theranos Book, Boies Schiller Doesn’t Come Off So Great

Ben Hancock | May 31, 2018

Wall Street Journal reporter John Carreyrou's account of corporate fraud at Theranos depicts Boies Schiller Flexner as using hardball tactics to keep the truth from coming out. David Boies says it's an overdramatization.

National Law Journal | Analysis

Quiet Time? Oral Arguments Disappear in Federal Appeals Courts

Ross Todd | May 30, 2018

The number and percentage of cases argued at the federal appellate level is fading leaving firms to ask where their next generation of appellate lawyers can turn for courtroom experience.

International | Analysis

Is Linklaters' China Alliance a Game Changer?

Anna Zhang | May 29, 2018

The Magic Circle firm's Shanghai Free Trade Zone joint operation wasn't the first, but it might just be the tipping point.

Law.com | Analysis

The Power of Certifications In the Legal Industry

Jared Coseglia | May 29, 2018

Part One of a Two-Part Article

The key paths and the corresponding certifications available for lawyers — and nonlawyers — to pursue to help successfully administer a career in the legal industry in the coming decade.

Law.com | Analysis

Ahead of the Curve: The Rise of the Ph.D. Law Prof | Surviving Law School Debt | Dean Developments

Karen Sloan | May 29, 2018

What’s up will all the new law profs with Ph.D.s? Also, a Penn Law grad has found a novel way to pay off his student loans. Plus, notable dean developments.

Law.com | Analysis

Higher Law: Protecting Pot Brands | Cannabis Banking Updates | Plus: Who Got the Work

Cheryl Miller | May 24, 2018

What's on tap: The tricky task of protecting intellectual property tied to cannabis. Also, everyone's talking about the problem of banks shunning the marijuana industry, but what's the solution? Welcome to Higher Law.

Law.com | Analysis

What's Next: Our Robot Overlords Should Be Regulated

Ben Hancock | May 23, 2018

Plus, Zuck Does Europe and the Arbitration Curtain Falls.

The American Lawyer | Analysis

Debunking the Consolidation Myth

Hugh A. Simons and Nicholas Bruch | May 22, 2018

If you thought law firms have been consolidating through merger, think again.

The American Lawyer | Analysis

Will Law Firms Be Ready When the Next Recession Hits?

Dan Packel | May 22, 2018

The bottom is eventually going to drop on the U.S. economy, and many law firms won't be positioned to handle the fallout.

The American Lawyer | Analysis

Racist Rant, Other Events Show Social Media's Power Over Lawyers

Scott Flaherty | May 21, 2018

A racist rant. Scrutiny over prolific billable hours. Controversy over arbitration pacts. All three have made news in the legal world in the past few months, and all were thrust into the spotlight through social media.

The American Lawyer | Analysis

Across the Atlantic, #MeToo Complaints Get Counted

Dan Packel | May 21, 2018

While lawyers in the U.S. and the U.K. have yet to feel the full effect of the #MeToo movement, the regulatory environment on the other side of the Atlantic may offer a more fertile ground for rooting out misconduct.

Legaltech News | Analysis

Advice to the Legal Class of 2018 in the Age of Automation

Konrad Pola, Diligen | May 21, 2018

In the technology-driven 21st century legal market, grads can often bypass lower value roles and move straight into the more interesting work they’ve been freed to do—practice law.

Law.com | Analysis

Ahead of the Curve: The LSAT Prophet | Gender at Chicago Law | So Long, Summer Associate Arbitration

Karen Sloan | May 21, 2018

In honor of the American Bar Association’s decision to eliminate its LSAT requirement for law schools, I’m taking a walk down memory lane with former Loyola University Chicago School of Law Dean David Yellen, who was the first to push that change.

Law.com | Analysis

Inside Track: Is Uber's #MeToo Move Enough? | Trump Trouble at Novartis, AT&T

Stephanie Forshee | May 17, 2018

Uber made a splash Tuesday morning when it announced it would put an end to mandatory arbitration clauses for survivors of sexual harassment and assault. But some are saying this and other moves the company is making on this front aren't enough. Plus, the Michael Cohen debacle in D.C. is starting to affect legal departments--AT&T and Novartis have lost lawyers since word got out that the companies paid Cohen as a consultant.

Law.com | Analysis

Critical Mass: Litigation Funding Bill Introduced in U.S. Senate. Plus: Special Master's Data Breach Fee Report Lashed on All Sides

Amanda Bronstad | May 16, 2018

A litigation funding bill introduced in the U.S. Senate last week got a cold reception from financiers and plaintiffs lawyers, who have a few suggestions on how to change it.

Legaltech News | Analysis

Facebook’s Blockchain Bet Could Place It in the Data Decentralization Debate

Ian Lopez | May 16, 2018

Oft-considered an avenue for individuals to attain greater control over their digital information, blockchain could be leveraged by Facebook Inc. to change its status as "gatekeeper" for user data.

Law.com | Analysis

Breakthrough Thinking: How to Discover and Drive Motivation in Business Development and Lead Attorneys to Greater Prosperity

Kimberly Rice | May 16, 2018

Despite all the strategic planning CMOs may devote to individual attorney coaching and training, it is often not enough to support the lawyer client in connecting the dots of relationship building, reputation enhancing and contact management over the course of a career to make a remarkable difference.

Law.com | Analysis

Skilled in the Art: More TC Heartland Fallout at CAFC | Plus, Irell Stumps for Standing

Scott Graham | May 16, 2018

Two more rulings narrow the venue options for patent plaintiffs and drugmaker Gilead fends off an attack on its HIV medication.

Legaltech News | Analysis

The Problem With Smart Contracts

Rhys Dipshan | May 14, 2018

At the CDX Academy Blockchain Brand Innovation Summit in New York, speakers explained why smart contracts will only work in limited and narrow transactional situations.

The American Lawyer | Analysis

The Legal Market Is Looking Up, Citi Q1 Survey Shows

David Altuna and Gretta Rusanow | May 14, 2018

The first quarter of 2018 continued the growth trends experienced at the end of 2017 and leave a lot to look forward to for firms as they move further into the year. But volatility and stratification still lurk.

Law.com | Analysis

Federal Circuit Reinstates Oracle’s Copyright Infringement Claims Against Google, Rejecting Fair Use Defense

Nathan D. Renov | May 11, 2018

On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle’s claim that Google’s use of Oracle’s open-source Java language code did not constitute “fair use.”

Law.com | Analysis

Inside Track: TED GC Talks About Harassment | After Scandal, New Face at FOX News Legal

Stephanie Forshee | May 10, 2018

In this week’s Inside Track: In recent months, many in-house lawyers have been grappling with the implications of the #MeToo movement for their companies. One of these attorneys, TED Conferences' general counsel Nishat Ruiter, opened up about the harassment that has taken place at the organization's past events, and how TED is trying to make sure it doesn't happen again.

Law.com | Analysis

Critical Mass: Opioid MDL Plaintiffs Ordered to Reveal Lit Funding Arrangements. Plus, Are Women Denied Promotions at Twitter?

Amanda Bronstad | May 09, 2018

A judge overseeing hundreds of opioid lawsuits has ordered lawyers to disclose their third-party litigation financing arrangements.

Law.com | Analysis

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors

Jacob H. Marshall and Randall Klein | May 09, 2018

As of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.

Law.com | Analysis

Skilled in the Art: Poker Star All In on Lanham Claim | Plus, What the End of BRI Means

Scott Graham | May 09, 2018

The legal feud started after PokerStars raised concerns Gordan Vayo was not in Canada when he won an online tournament.

Law.com | Analysis

Compliance Hot Spots: Consumer Protection After Schneiderman | No Sanctions Slowdown | FTC's Revolving Door

C. Ryan Barber | May 09, 2018

What's next on the consumer protection front after Eric Schneiderman? And the Trump administration is full steam ahead on sanctions. Plus: Check out who got the work in some big white-collar cases.

The American Lawyer | Analysis

With Schneiderman's Downfall, #MeToo Grips the Legal World

Scott Flaherty | May 08, 2018

New York Attorney General Eric Schneiderman's resignation adds another name to the list of prominent male figures in the legal world who have fallen from grace in the wake of #MeToo.

Law.com | Analysis

False Claims and Private Equity

Yvonne W. Chan and Timothy H. Kistner | May 08, 2018

The Government’s Increasing Focus on Private Equity Firms in False Claims Act Cases

The health care industry continues to hold great potential for private equity (PE) firms, but it also carries with it significant risks and potential exposure to liability. As the pressure to find opportunities has increased, there appears to be a greater appetite for riskier investments including into portfolio companies that experienced or are experiencing compliance challenges.

Daily Report Online | Analysis

Book Recalls 1960s Georgia-Alabama Football Scandal, Libel Case

Jonathan Ringel | May 08, 2018

"Fumbled Call" revisits a dramatic Atlanta trial involving big football and big lawyers.

International | Analysis

US Firms Ramp Up UK Presence as Latest Lateral Figures Highlight Aggressive London Recruitment

Georgina Stanley and Rose Walker | May 04, 2018

King & Wood Mallesons' demise and ambitious growth strategies propelled U.S. firms to new head count heights in London.