Commentary

Look Who's the $810K Fat Cat Associate in the Jones Day Gender Bias Suit

Vivia Chen | June 22, 2018

While James Burnham's academic pedigree is solid, it does not evince legal superstardom. But in 2010, he wedded a law school classmate whose father, Robert Mittelstaedt, was the head of Jones Day's San Francisco office.

Commentary

Prospering in the 'New Normal'

J. Mark Santiago | June 15, 2018

Raising Costs and Declining Demand are Sapping Profits

The “New Normal” of today is one in which raising operating costs, associate salary increases, and reduced realization rates coupled with AFAs and demands from corporate counsel for reduced rates are sapping firm profits and there is no relief on the horizon. Law firm leaders, seeing current conditions, should be asking if there is a better way.

Commentary

Law and Lemmings: Associate Salary Increases Are a Mass Act of Self-Harm

Hugh A. Simons | June 12, 2018

By matching Milbank’s pay raise, firms in the middle of the Am Law 200 are paving a path to ruin.

Commentary

This Firm Has Gender, Diversity Problems. But It Isn't Hiding Them.

Vivia Chen | June 08, 2018

Dickinson Wright says it's determined to make progress following a report by the University of Michigan that shed light on its numbers.

Commentary

What Clients Really Want From Outside Counsel

Lean Adviser Legal | May 31, 2018

It doesn't take a magic formula or a lengthy pitch to impress clients, just master these five fundamentals.

Commentary

How the Bill Cosby Guilty Verdict Will Impact Civil Litigation

John D. Winer | May 18, 2018

The Cosby verdict is a sign that there has been a shift, particularly in he said, she said cases, toward an understanding about how hard it is to come forward.

Commentary

Bedsworth: Augustynolophus Morrisi

William W. Bedsworth | May 17, 2018

Government Code Section 425.7 (a) designates Augustynolophus morrisi as the official California state dinosaur. Yep. That’s what it says. Official California state dinosaur.

Commentary

Shock. Shock. The Mommy Track Is a Dead End!

Vivia Chen | May 08, 2018

Why do we perpetuate the myth that it's viable to avail yourself of every family-friendly offering and never lose your place in the race?

Commentary

For Kennedy Cousin Skakel, a Gold-Plated Standard for Ineffective Assistance of Counsel

Jenna Greene | May 07, 2018

As the saying goes, if your lawyer has a pulse, it’s not ineffective assistance of counsel. Unless you’re Kennedy cousin Michael Skakel, who just had his conviction for murdering Martha Moxley in 1975 overturned.

Commentary

For Firms Welcoming Summer Associates, It’s Time to Think Outside the Bottle

Patrick Krill | May 04, 2018

The lawyers of tomorrow are increasingly aware of—and not OK with—the mental health and substance abuse risks that can come with life in the law.

Commentary

The Women Warriors Behind Gilead’s Huge Federal Circuit Win

Jenna Greene | May 02, 2018

Fish & Richardson partner Juanita Brooks, a titan of the IP bar, has been practicing for 40 years. This is the first time she's had a case where both her courtroom team and the in-house lawyers have all been women.

Commentary

Are Women in Law Finally Empowered to Speak Out Against Inequality?

Vivia Chen | May 01, 2018

The #MeToo movement may give women in the legal profession the strength to speak up over more than just harassment, but inequity of all kinds.

Commentary

Bedsworth: It Seemed Like Such a Good Idea ...

William W. Bedsworth | April 25, 2018

In which our columnist ponders the sentiment conveyed by appellate lawyers who say "Your Honor, an argument could be made that . . ."

Commentary

Brave New World of (Robot) Law

Jenna Greene | April 19, 2018

If your robot hurts someone, are you liable? Legally speaking, is a robot like a pet? An employee? Should robots have rights? In a new report, the U.S. Chamber Commerce contemplates not-so-distant questions about robot law.

Commentary

After the Driverless Fatality, Insurance and Litigation Will Be Forever Changed

Randy Maniloff | April 10, 2018

Unlike an inconsequential glitch with your office computer, in the case of driverless cars it's control, alt and someone’s life is deleted.

Commentary

You Exercise and Eat Right. Now, About Those Sleep Habits, Counselor

Jonathan Jordan | April 09, 2018

Catching enough shut-eye can be challenging for busy lawyers, but it is vital to well-being.

Commentary

Ted Olson to Donald Trump: Thanks, But No Thanks

Jenna Greene | March 21, 2018

No, Gibson Dunn's Ted Olson won't be representing POTUS. But what's really shocking is how hard it's become for Trump to attract any prominent, establishment attorney.

Commentary

Jeff Had Issues: An Akin Gump Lawyer Breaks Bad—and There’s No Satisfying Explanation

Jenna Greene | March 08, 2018

Jeffrey Wertkin was sentenced on Wednesday to 30 months in prison, but the question remains: Why did someone so smart do something that even his lawyer called “stupid, stupid"?

Analysis Commentary

Women Take a Pass on the Big Law Brass Ring

Vivia Chen | February 27, 2018

High-performing women lawyers are finding partnership isn't always for them.

Commentary

Bedsworth: Ginsburg's Praying Mantis

William W. Bedsworth | February 23, 2018

In which the author ponders sometimes indelicate modern phenomenon of "naming rights."

Commentary

In Hindsight, 20/20 Diversity Is Too Low for Asian-American GCs

Vivia Chen | February 02, 2018

Asian-American lawyers make gains in general counsel ranks. It's not by accident.

Commentary

Just in Time for the Super Bowl, a Look at the NFL's Offbeat Cases

Randy Maniloff | January 31, 2018

What better way to deal with any lull in the action on Sunday than a discussion of the substantial number of lawsuits that surround the National Football League, its players and fans.

Commentary

The Mike Pence Effect and the Negative Impact on Equitable Mentoring

Wayne Stacy | January 26, 2018

Lawyers who refuse to dine or drink alone with members of the opposite sex who are not their spouses imperil critical mentoring opportunities.

Commentary

Bedsworth: Fight On

William W. Bedsworth | January 22, 2018

Most of the time when a state Legislature hears a judge, it's because we've interpreted a statute in a way they don’t like or we’ve thrown it out entirely.

Commentary

Male Clients Disfavor Women Partners

Vivia Chen | January 17, 2018

Are women just lousy at business development? Or are their firms not giving them the opportunity to shine? Well, here's another factor to consider: Male clients still favor male partners, according to a recent survey.

Commentary

How AI is Enabling Law Firms to Adapt to Value-Based Pricing

Raj Goyle, Bodhala | January 10, 2018

Artificial intelligence allows for the legal industry to adapt to an increasingly competitive marketplace in ways that benefit both law firms and corporate legal departments.

Commentary

Monetizing IoT Data Without Driving Away Your Customers

Rachel Erdman and Kenie Ho | January 09, 2018

Recent cases highlight three common strategies companies should consider when monetizing consumer data: (1) disclose data collection and usage in the Terms of Service (ToS), (2) adequately protect user data, and (3) promote clear user benefits from the data collected.

Commentary

Unfinished Business: The Continuing Impact of 'Jewel v Boxer'

Shari L. Klevens and Alanna Clair | January 02, 2018

Like any other business, law firms sometimes fail. While the failures of large law firms are well-publicized, smaller law firms can be just as or even more susceptible to failure, as the unexpected departure of the firm’s most profitable partner can be devastating to a small firm.

Commentary

Hitting Workplace Harassers Where It Hurts

J. Mark Poerio and Stephen H. Harris | December 29, 2017

Employers can hit sexual harassers hard—in the pocketbook—by using a variety of channels to claw back compensation and benefits from bad-acting employees.

Commentary

Bedsworth: Bedsworth & Curious George, LLP

William W. Bedsworth | December 27, 2017

I’m thinking of opening a monkey law office specializing in macaque discrimination.

Commentary

Proposition 65 After 40 Years: Public Benefit or Enrichment for a Few?

Joshua A. Bloom | December 22, 2017

Although the law has helped reduce the amount of harmful chemicals in some consumer products, in most cases there has been no meaningful benefit. At the same time it has generated a cottage industry of citizen plaintiffs and attorneys.

Commentary

The Careerist: Why Haven’t Women in Law Firms Called Out Kozinski?

Vivia Chen | December 20, 2017

Those who've gone public with recollections of the now-retired judge's lascivious acts are predominantly from academia. Others who've spoken on the record include a journalist, a law student and a former federal judge.

Commentary

The Careerist: Let's Talk About Kozinski's Victim, Heidi Bond

Vivia Chen | December 13, 2017

While many of us can practically recite what the victims of sexual harassment say they endured from Harvey Weinstein, Louis C.K. and Matt Lauer, do we look beyond those moments and consider how it altered the trajectory of these women's lives?

Commentary

The Careerist: Can We Get Rid of Alex Kozinski?

Vivia Chen | December 12, 2017

So far, the judge for the Ninth Circuit has shown no inclination of leaving in response to allegations brought by six women.

Commentary

Why Oracle's Chances Look Slim in Latest Federal Circuit Appeal Against Google

Scott Graham | December 06, 2017

Thursday is Pearl Harbor Day, so what more appropriate occasion for Oracle and Google to renew hostilities over the Java API copyright?

Commentary

Tips for Limiting Risk When Using Contract Attorneys

Shari L. Klevens and Alanna Clair | December 05, 2017

In recent years, the use of contract attorneys has been on the rise as busy law practices reluctant to commit to hiring full-time attorneys instead choose to seek additional support on an as-needed basis. However, with the increased use of contract attorneys comes some (manageable) risks, including some that may be less than obvious.

Commentary News

Sneak Peek at What's Next: A Briefing on Law, Technology and the Future

Ben Hancock | November 30, 2017

Reporter Ben Hancock peers around the corner at the courtroom clashes and policy choices that loom over emerging technologies like AI, digital currency and facial recognition.

Commentary

Bedsworth: Conclusions I've Drawn

William W. Bedsworth | November 16, 2017

I sit down every month feeling like I should start with an apology to all the people who will come to this page and think, "Aw jeez, not this guy again."

Commentary

Orrick’s Hermle Hits Back at Nasty Depiction in Ellen Pao’s New Book

Jenna Greene | November 14, 2017

That Ellen Pao has nothing nice to say in her new book “Reset” about Orrick, Herrington & Sutcliffe litigator Lynne Hermle is not surprising. Turns out, Hermle doesn't have a lot of nice things to say about Pao either.

Commentary

Unhappy Hour: Law Firms’ Drinking Culture Amplifies Sexual Harassment Problems

Patrick R. Krill | November 13, 2017

In his Well Counseled column, Patrick Krill examines the risks inherent in work-related drinking events.

Commentary

New Rivalries Emerge as Law Firms Race to Innovate

Roy Strom | November 10, 2017

Reactions to a new EU regulation show one way firms are increasingly competing not only with each other, but also with alternative legal service providers.

Commentary

It's Lonely at the Top for Big Law's Few Black Leaders

Vivia Chen | November 02, 2017

How did these men (no women, of course) beat the odds? And what advice do they have for young lawyers of color?

Commentary

Bedsworth: Baseball for Trappists

William W. Bedsworth | October 23, 2017

If you had told me 50 years ago that when I reached 70 I’d be working nights and weekends, I would have dropped out of law school and gone into aluminum…

Commentary

New Law Prohibits Employers From Asking Applicants About Salary History

Susan P. Elgin, Charles F. Knapp, Bonita D. Moore and Daniel G. Prokott | October 19, 2017

Beginning Jan. 1, 2018, California employers will no longer be able to ask job applicants about their salary history.

Commentary

California Law Deans React to Lack of Movement on Passing Bar Exam Score

Ross Todd | October 19, 2017

The California Supreme Court announced Wednesday afternoon that it would not change the passing score on the state's bar exam.