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Analysis

With Changes to California Ethics Rule Approaching, More States Reject ABA Anti-Bias Rule

Scott Flaherty | September 25, 2018

The ABA model rule, which seeks to address discrimination and harassment, has set off a public debate in several states, while an analogous rule adopted by California is set to go into effect on Nov. 1.

Analysis

Why Are So Many In-House Professionals Joining AI Contract Startups?

Rhys Dipshan | September 21, 2018

They helped transform the legal departments at Microsoft, Google and Hewlett-Packard. But now they’re looking to make a bigger impact on corporate law by joining legal tech disruptors.

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.

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.

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.

Analysis

UC Hastings Report: New Tools Needed to Address Race, Gender Bias in Legal Profession

Meghan Tribe | September 07, 2018

A new study from the Center for WorkLife Law at the University of California, Hastings College says law firms and in-house legal departments are barely moving the needle when it comes to combating gender and racial discrimination.

Analysis

Amici Line Up to Weigh in on Google Settlement at SCOTUS Challenging Cy Pres in Class Actions

Amanda Bronstad | September 05, 2018

Amicus briefs from the Chamber, 31 state AGs, and others are flowing in, in advance of an Oct. 31 U.S. Supreme Court argument weighing administration of cy pres funds in class settlements.

Analysis

Avoid Issues When Practicing Law in Other States

Shari Klevens and Alanna Clair | September 05, 2018

Because it has become relatively easy to practice law from anywhere, attorneys can at times forget that states have not become any more lenient when it comes to the unauthorized practice of law.

Analysis

In Case Pitting Law Firms Against Clients Over Conflicts, California High Court Sides (Mostly) With Clients

Ross Todd | August 30, 2018

The California Supreme Court on Thursday found that the burden is on law firms to identify and disclose ongoing conflicts to potential clients. "Simply put, withholding available information about a known, existing conflict is not consistent with informed consent," Justice Leondra Kruger wrote.

Analysis

For Some Former Bay Area GCs, Ambitions Don't Stop at Retirement

Phillip Bantz | August 27, 2018

Said one GC: “Before you make that decision put together a list of everything in the world you’d like to do so you’re not just watching daytime TV and eating too much.”

Load More 🔽

Analysis

Trump Signs CFIUS Reform Bill: What Dealmakers Need to Know

MP McQueen | August 13, 2018

U.S. companies dealing with foreign investors will soon have a whole new reality to contend with when Trump signs it into law Monday.

Analysis

3 Takeaways From the Ruling Keeping the Tezos ICO Suit Alive and Stateside

Ross Todd | August 10, 2018

Although U.S. District Judge Richard Seeborg's ruling was far from the final word on whether the Tezos initial coin offering ran afoul of U.S. securities laws, it did offer the judge's early look at some critical issues in the case.

Analysis

With Big Four's Move Into Legal, Silicon Valley Cheers While Some GCs Remain Wary

Phillip Bantz Phillip Bantz | August 09, 2018

As giant accounting firms make new forays into the legal industry, in-house attorneys are giving more thought to offering the EYs and PwCs of the world their business.

Analysis

ABA Clarifies Rules on Lawyer Advertising (Sort Of)

Scott Flaherty | August 09, 2018

At the ABA's recent national convention, a board of delegates voted to adopt a set of changes to model rules surrounding attorney advertising, a confusing ethical area for both Big and Small Law.

Analysis

Google’s Kent Walker Faces Delicate Balancing Act in New, Broader Public Policy Role

Phillip Bantz | August 01, 2018

Walker and other in-house lawyers who find themselves moving up in the world will have to approach their work from multiple perspectives besides just legal.

Analysis

What Facebook Should Be Looking for in Its Next GC

Dan Clark | July 31, 2018

What kind of lawyer will it take to fill Colin Stretch's shoes? Someone with a good business acumen? An ability to navigate Capitol Hill? A knowledge of privacy law? All of the above?

Analysis

Two Paths in Court Emerging for Women Suing USC Over Sexual Abuse

Amanda Bronstad | July 27, 2018

So far, nearly 50 lawsuits have been filed against USC and Dr. George Tyndall, the campus gynecologist for more than two decades.

Analysis

Just How Much Will the EU Impact US Tech, Privacy?

Rhys Dipshan | July 26, 2018

The recent $5 billion antitrust fine levied against Google is far from the only way the European Union is influencing how U.S. tech companies, and U.S. privacy laws, evolve.

Analysis

When It Comes to Cyber Insurance, Law Firms Are Under-Educated and Overexposed

Shawn Moynihan Shawn Moynihan | July 23, 2018

Legal professionals have a lot to learn about digital threats they and their clients face, why they need cyber insurance, and how to get it.

Analysis News

The NLJ 500: Top 5 California Cities

Xiumei Dong | July 20, 2018

A look at the top five cities for lawyers in California, according to the annual NLJ 500 head count report.

Analysis

Massive $5B Fine Against Google Highlights Long-Term Shift in EU, US Antitrust Enforcement

Caroline Spiezio | July 20, 2018

Why hasn't the U.S. cracked down on Google for antitrust violations in the way Europe has? It might have a lot to do with the regions' individual legal regimes around antitrust.

Analysis

3 Takeaways From Failed Ryan Bounds 9th Circuit Nomination

Ross Todd | July 19, 2018

Ninth Circuit watchers reached shortly after news broke that President Trump's first Ninth Circuit nominee had been withdrawn were shocked. But they said the episode could illuminate challenges the administration faces in changing the makeup of the nation's largest federal appellate court.

Analysis

Cosby Defamation Cases Reach SCOTUS, Offer Possible Look at Lawyers’ Free Speech Rights

Tony Mauro | July 19, 2018

The cases, including one challenging a California Court of Appeal decision, are drawing interest since the justices have not recently taken up disputes over libel and defamation, a part of First Amendment doctrine that is well-settled.

Analysis

Will the Rise of Artificial Intelligence Lead to More Job Cuts at Law Firms?

Krishnan Nair | July 18, 2018

A PwC report argues that AI could create more jobs than it displaces over the next 20 years.

Analysis

The Long Road to Going Public: A Behind-the-Scenes Look at the Lawyering of Dropbox's IPO

Caroline Spiezio | July 13, 2018

It took teamwork, preparation and smart technology use to get Dropbox's IPO over the finish line earlier this year.

Analysis News

Fox Rothschild and the ‘Dark Art of Copyright Trolling’

Roy Strom | July 13, 2018

The firm is representing a pornography company in its latest nationwide copyright infringement campaign. Can it avoid the controversies that preceded its involvement? Or will a small-time lawyer from Oregon provide the blueprint to stop it?

Analysis

Companies Take 'Wait-and-See' Approach to Compliance with New California Privacy Law

Rhys Dipshan | July 11, 2018

In-state companies have a lot of work ahead of them to comply with the California Data Privacy Protection Act. But first, they need clarity on how the law will work in practice.

Analysis

In Privacy, Technology Cases, Kavanaugh Largely Echoes Kennedy

Rhys Dipshan | July 10, 2018

In prior D.C. Circuit decisions, Kavanaugh has shown he shares a similar jurisprudence to the justice he's been nominated to replace when it comes to privacy and tech.

Analysis

Judge Chhabria Is on a Mission in Patent Litigation

Scott Graham | July 06, 2018

U.S. District Judge Vince Chhabria is shaking up some of the business-as-usual in patent litigation. Plus, highlights from next week's Federal Circuit calendar in this sneak preview of Skilled in the Art.

Analysis

With Kennedy's Exit, California Loses a Singular Voice on the Supreme Court

Caroline Spiezio | July 03, 2018

Justice Anthony Kennedy offered a West Coast brand of conservatism that spoke to his roots and made the U.S. Supreme Court feel less alien.

Analysis

Skilled in the Art: Looking Back at the Anthony Kennedy Era in IP

Scott Graham | June 29, 2018

In four patent cases where he wrote the majority opinion, Justice Kennedy resisted rigid rules. His 2006 concurrence in eBay v. MercExchange called out non-practicing entities and suggested judges should clamp down on injunctions used to extort settlements.

Analysis

Litigation Funders Face Their Hardest Sell: Big Law

Roy Strom and Ben Hancock Roy Strom and Ben Hancock | June 28, 2018

There is more money than ever in the hands of litigation financiers. But can they convince law firms to use it?

Analysis

Law Firms Make a Push to Improve the Associate Experience

Dan Packel | June 28, 2018

It may be long overdue, but firms are embracing a range of new ideas, up to and including a shorter path to partnership.

Analysis

636 Homeowners Claimed a Builder's Work Was Defective. Why Did It Have to Pay Only 3 Insurance Deductibles?

Steven A. Meyerowitz | June 27, 2018

The Ninth Circuit ruled that an insurance company that settled 636 homeowners’ claims against its insured contractor, only could recover three deductibles for counterclaims it filed against a subcontractor accused of doing shoddy work.

Analysis

In Wake of SCOTUS 'Carpenter' Decision, Koh Looks Prescient on Cell Tower Data

Ross Todd | June 22, 2018

In a case over government access to historical cell tower location data, Koh issued a July 2015 decision raising the bar for law enforcement agencies asking to collect the type of cell-tower data routinely used to track criminal suspects’ whereabouts.

Analysis

EU Copyright Directive Moves Forward: What Does It Mean for In House Lawyers in Silicon Valley?

Caroline Spiezio | June 21, 2018

"The only companies that are really going to be able to implement filtering on a wide scale are the big incumbent companies, like YouTube," said the former GC of the Wikimedia Foundation.

Analysis

What Happens When a Cryptocurrency Becomes a Security? Major Disruption

Rhys Dipshan | June 21, 2018

A class action lawsuit alleging that Ripple Lab’s XRP Cryptocurrency violates securities laws poses existential and potentially far reaching effects for a still-evolving market.

Analysis

3 Takeaways From SEC CorpFin Director's Big Crypto Speech

Ben Hancock | June 14, 2018

SEC Division of Corporate Finance Director William Hinman's remarks at the Yahoo Finance All Markets Summit offered some of the clearance indication to date of how the regulator analyzes initial coin offerings.

Analysis

Seasoned Women Lawyers Gaining Leverage in Salary Talks

Miriam Rozen | June 12, 2018

“I felt very comfortable in negotiations that I wasn’t being treated unfairly and I wasn’t leaving money on the table,” said patent litigator Esha Bandyopadhyay, who recently joined Fish & Richardson in Silicon Valley. She also said that women should think about asking for leadership positions as they join new firms.

Analysis

As Big Law Floods the California Market, Will Local Firms Sink or Swim?

Lizzy McLellan | June 11, 2018

According to the ALM Intelligence report, titled "Barbarians at the Gate," Los Angeles and San Francisco have seen more than 40 market entries since 2001. San Diego, meanwhile, has seen the number of law firms present there more than double. Still, the report finds there is room for regional firms to compete.

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.

Analysis

California Supreme Court Finds Valid Insurance Coverage Claim Even If Employee Intentionally Caused Injury

Steven A. Meyerowitz | June 06, 2018

The court found that an employee who intentionally injures a third party can amount to an “occurrence” under an employer’s commercial general liability insurance policy when the third party sues the employer.

Analysis

How Tech's In-House Lawyers Balance IP and Open Source

Caroline Spiezio | June 05, 2018

In-house attorneys at Pure Storage and Dropbox say that education is key when it comes to making sure rights to innovative technologies are protected.

Analysis

If Insurers Want To Recover Costs Of Investigating Fraudulent Claims, They May Have To Start Keeping Time Sheets

Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 04, 2018

After a California appellate court ruling, it seems insurers who want to recover the costs of investigating fraudulent claims may need to maintain records demonstrating how much time they spend looking into each individual claim.

Analysis

Recruiters Among the First to 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.

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.

Analysis

Insurers Did Not Have To Cover Environmental Clean-Up Costs Incurred By Insured Under Consent Order

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 31, 2018

A federal district judge in Los Angeles, applying California law, found that insurers did not have a duty to defend Arrow Electronics Inc. with respect to claims related to water contamination from a Huntsville, Alabama rocket testing site.

Analysis

California Insurance Broker Did Not Have To Advise Life Insurance Beneficiary How To Protect Her Interest

Steven A. Meyerowitz, Esq., Director, FC&S Legal | May 22, 2018

The Second District Court of Appeal ruled there was “no legal basis” to find an insurance broker liable for failing to advise a beneficiary of a life insurance policy how to protect her interest under the policy.

Analysis

Hourly Rate Gap Widens as Top Billers at Biggest Firms Leave Others Behind

Ryan Lovelace | May 17, 2018

It's easy to be impressed by individual partner rates approaching $2,000 an hour, but the widening gap between whole categories of law firms may mean more for the industry's future.

Analysis

Report Finds Demand Up as Southern California Leads in Q1 Revenue Growth

Xiumei Dong | May 16, 2018

Law firms in Southern California reported the highest revenue and demand during the first quarter of 2018, according to a recent analysis by Citi Private Bank's Law Firm Group.

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