Daily Litigation

Trump Can't Invoke Presidential Immunity In Jan. 6 Case

By Hailey Konnath

A District of Columbia federal judge on Friday firmly rejected Donald Trump's argument that "presidential immunity" shields him from the criminal charges stemming from allegations of election interference in 2020, ruling that Trump doesn't enjoy a "lifelong 'get-out-of-jail-free' pass" just because he was president.
How Trauma-Informed Lawyering Can Help Clients Heal

By Daniel Connolly

The story of an Olympic gymnast-turned-lawyer illustrates the emotional and psychological challenges that trauma survivors can face, how these challenges can play out in litigation, and how people who have experienced trauma can bounce back.
Texas Firm Can't Duck Fla. Estate Planning Malpractice Suit

By Carolina Bolado

A Florida federal judge has shot down a Texas law firm's bid to toss a malpractice lawsuit alleging it bungled property transfers that ended up increasing its former client's property taxes.
Chicago Atty Pushes Back On 7-Eleven Trademark Suit

By Aaron West

The Chicago attorney who runs a small intellectual property law practice called Seven Eleven Law Group made good on her promise this week to fight the trademark infringement allegations that convenience store giant 7-Eleven sued her for last month, rejecting the company's claims that her firm is creating consumer confusion and profiting from 7-Eleven's multinational brand.
Former Clerks Say Justice O'Connor Still Worth Emulating

By Ryan Boysen

BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.
NJ, Governor Say Law Wasn't Passed To Oust Elections Chief

By George Woolston

New Jersey and its governor on Friday urged a state judge to toss claims made by the ex-chief of the state's Election Law Enforcement Commission that a state law was passed in order to remove him from his post and is unconstitutional, arguing it was well within the Legislature's power to enact the law.
Trump Gets More Experts In NY Fraud Trial, Can't Call Monitor

By Frank G. Runyeon

A New York judge on Friday allowed Donald Trump to call more experts in his civil fraud trial defense case, including a real estate broker friendly with the former president, but rejected Trump's attempt to put the court's independent monitor on the stand.
Voters Sue DeSantis Over Prosecutor Suspension

By Madison Arnold

Two Florida voters claim Gov. Ron DeSantis violated the U.S. Constitution when he suspended elected prosecutor Monique Worrell in August, saying in a new lawsuit that he disenfranchised the nearly 400,000 residents who voted for her.
Ex-McDermott Partner Says Firm Stiffed Him On Raise

By Lauraann Wood

A former McDermott Will & Emery LLP partner who lives in Israel has sued the firm in Illinois state court, claiming it unlawfully refused to give him the pay raise it planned for U.S. income partners in 2022.
Judge Threatens SEC With Sanctions In Crypto Case

By Aislinn Keely

A Utah federal judge has ordered the U.S. Securities and Exchange Commission to explain why it shouldn't face sanctions after he found that the agency may have misrepresented key facts to obtain a temporary restraining order against cryptocurrency project Debt Box.
4 Decisions For Which Justice O'Connor Will Be Remembered

By Erin Coe

Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.
Ex-Morris James Worker Loses Jobless Pay Bid In Delaware

By Rose Krebs

A Delaware Superior Court judge has affirmed an unemployment board's decision denying an ex-Morris James LLP paralegal a year's worth of unemployment benefits after he agreed to leave the firm amid claims that he was retaliated against after he accused one of its partners of misconduct.
Justice O'Connor Shattered Barriers, Built Bridges

By Erin Coe

A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.
The Supreme Court's Week: By The Numbers

By Jack Karp

The U.S. Supreme Court heard arguments in four cases in a week that ended with the solemn news of the death of the first female justice and a signal from the court that the first opinion of the term may be released next week. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
Voir Dire: Law360 Pulse's Weekly Quiz

November ended amid another action-packed week for the legal industry as BigLaw firms expanded their reach and showered associates with bonuses and higher pay. Test your legal news savvy here with Law360 Pulse’s weekly quiz.
Orrick Data Breach Suits Targeted For Consolidation In Calif.

By James Mills

The plaintiffs in two class actions against Orrick Herrington & Sutcliffe LLP regarding a data breach the firm had in March filed a motion in federal court on Thursday to combine the suits.
COVERAGE RECAP: Day 38 Of Trump's NY Civil Fraud Trial

By Stewart Bishop

Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 38.
Sandra Day O'Connor, First Woman On Supreme Court, Dies

By Katie Buehler and Jimmy Hoover

Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.
Atty Held In Contempt After Several 'Frivolous' False Ad Suits

By Aaron West

A New York federal judge on Thursday held a Sheehan and Associates attorney in contempt for filing a "meritless" false advertising lawsuit over the amount of potassium in a Starbucks coffee flavor, saying the case was just one in a string of similarly questionable lawsuits the lawyer had filed.
Atty Gets 2nd Chance To Sue State Board Over Texas Bar App

By Catherine Marfin

A Texas appellate court said Thursday that an attorney seeking admission to the state's bar without examination should get a second chance to file claims that the state board violated his constitutional rights by denying his application, writing that the man's pleadings don't demonstrate "incurable defects of jurisdiction."
No Coverage For Ill. Atty's Embezzlement Dispute, Court Told

By Alexa Scherzinger

An insurer asked an Illinois federal court to find that it need not defend or indemnify an attorney under two professional liability policies for two underlying complaints that allege the attorney used his accounting firm to embezzle from a number of trusts he managed at the expense of trustees.
Talent Manager Sues Lewis Brisbois For Costing Her Millions

By Kelcey Caulder

An entertainment industry attorney and talent manager filed a $10 million malpractice suit against Lewis Brisbois Bisgaard & Smith LLP and one of its former attorneys, alleging the attorney's failure to perform caused her to surrender her rights to millions in compensation through a settlement agreement on later-dismissed ethics charges.
NY Court Rebuffs 2nd Circ. On Atty Fee Coverage

By Ganesh Setty

Second Circuit decisions "misapprehend" New York state appellate precedent on whether an insurer must cover the attorney fees its insured incurs when the insured prevails in coverage litigation, a New York trial judge found, in a dispute over whether a window company's insurers must indemnify underlying construction defect claims.
11th Circ. Says Atty Error Shouldn't End Strip Club Bias Suit

By Patrick Hoff

The Eleventh Circuit breathed new life Thursday into a Black dancer's suit claiming an Alabama strip club refused to hire her because of her race, finding that tossing her case was too harsh a punishment for two missed hearings.
Unsecured Creditors Oppose Vesttoo's Bid To Hire Israeli Firm

By Rose Krebs

Unsecured creditors of bankrupt Israel-based fintech business Vesttoo are asking a Delaware federal judge to deny the company's request to retain an Israeli law firm in its Chapter 11 case, saying it hasn't yet been explained what services the firm will provide.

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Expert Analysis

How AI Legal Research Tools Are Shifting Law Firm Processes
Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.
Data Source Proliferation Is A Growing E-Discovery Challenge
With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.
Bracing For A Generative AI Revolution In Law
With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.
Why I Use ChatGPT To Tell Me Things I Already Know
The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.
Ask A Mentor: How Can I Use Social Media Responsibly?
Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.
Yada, Yada, Yada: The Magic Of 3 In Legal Writing
Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.
How Firms Can Stop Playing Whack-A-Mole With Data Security
In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.
5 Life Lessons From Making Partner As A Solo Parent
Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.
Ask A Mentor: How Can I Turn Deferral To My Advantage?
Diana Leiden at Winston & Strawn discusses how first-year associates whose law firm start dates have been deferred can use the downtime to hone their skills, help their communities, and focus on returning to BigLaw with valuable contacts and out-of-the-box insights.
Resume Gaps Are No Longer Kryptonite To Your Legal Career
Female attorneys and others who pause their careers for a few years will find that gaps in work history are increasingly acceptable among legal employers, meaning with some networking, retraining and a few other strategies, lawyers can successfully reenter the workforce, says Jill Backer at Ave Maria School of Law.
Law Firm Guardrails For Responsible Generative AI Use
ChatGPT and other generative artificial intelligence tools pose significant risks to the integrity of legal work, but the key for law firms is not to ban these tools, but to implement them responsibly and with appropriate safeguards, say Natalie Pierce and Stephanie Goutos at Gunderson Dettmer.
Opinion
We Must Continue DEI Efforts Despite High Court Headwinds
Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.
Law Firms Cannot Ignore Attorneys' Personal Cybersecurity
Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.
Why Writing CLE Should Be Mandatory For Lawyers
Though effective writing is foundational to law, no state requires attorneys to take continuing legal education in this skill — something that must change if today's attorneys are to have the communication abilities they need to fulfill their professional and ethical duties to their clients, colleagues and courts, says Diana Simon at the University of Arizona.
How To Find Your Inner Calm When Client Obligations Pile Up
In the most stressful times for attorneys, when several transactions for different partners and clients peak at the same time and the phone won’t stop buzzing, incremental lifestyle changes can truly make a difference, says Lindsey Hughes at Haynes Boone.