DC Pulse

  • Jackson, Barrett Seek Enron Law Compromise In Jan. 6 Case

    The U.S. Supreme Court grappled Tuesday with whether an obstruction of Congress statute enacted in the wake of an accounting scandal can be read broadly enough to prosecute alleged U.S. Capitol rioters.

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    Litigation Finance Becoming Commonplace In BigLaw

    When Michael Lackey first pitched others at Mayer Brown about using litigation funding for a matter, he got a less-than-positive response, he recalled.

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    Lowenstein Sandler Launches Chatbot For Website Users

    Lowenstein Sandler LLP on Tuesday announced the launch of Lowenstein AI, a chatbot to help external users navigate the firm's website.

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    DOJ Asst. AG Named MacArthur Center's VP, Legal Director

    A deputy assistant attorney general in the U.S. Department of Justice's Civil Rights Division has been named the first vice president and legal director of the Roderick & Solange MacArthur Justice Center.

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    Dentons Appoints New ESG Leaders In US, South Africa

    Dentons announced Tuesday that it has appointed two new co-chairs of the firm's global environmental, social and governance practice leadership team.

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    Simpson Thacher Adds Cadwalader Investment Atty In DC

    Simpson Thacher & Bartlett LLP has hired a Cadwalader Wickersham & Taft LLP partner, who focuses his practice on advising asset managers and their sponsors on a range of issues surrounding the creation of investment funds and investment vehicles, the firm announced Monday.

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    High Court Sides With Texas Landowners In Takings Dispute

    The U.S. Supreme Court ruled Tuesday in favor of landowners in a dispute with Texas, finding the owners can pursue their takings claim pursuant to state law but leaving open a larger Fifth Amendment takings question.

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    Justices Face Off Over Shadow Docket Procedures

    The U.S. Supreme Court's internal disagreements over how to manage its emergency docket were on full display Monday in its decision allowing Idaho to enforce a ban on gender-affirming care for minors — a case the court's liberals said wasn't worthy of their intervention, but its conservatives touted as a win in the fight against universal injunctions.

  • Trump Tells Justices Impeachment Required For Prosecution

    Former President Donald Trump told the U.S. Supreme Court on Monday that the "inevitably and unavoidably" political nature of prosecuting a former president requires input from Congress, arguing the U.S. Constitution's framers carefully wrote the impeachment clause to act as an initial hurdle for criminal prosecutions.

  • Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

    A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

  • Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'

    Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.

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    Arbitrator Ken Feinberg Doesn't Shy From Litigation Funders

    Well-known arbitrator Kenneth Feinberg, speaking at a conference on Monday, said that he doesn't automatically wrinkle his nose when he hears that a litigation funder is part of a complex legal matter that he is attempting to find a resolution to.

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    Orrick Adds Kramer Levin Life Sciences Head In NY

    The former head of Kramer Levin Naftalis & Frankel LLP's life sciences practice has jumped to the intellectual property litigation team at Orrick Herrington & Sutcliffe LLP in New York, Orrick said Monday. 

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    Insiders See Litigation Funding's Appeal Overcoming Its Risks

    With higher interest rates and fights over disclosure rules on the horizon, the litigation finance industry is in a tenuous place, but it's not slowing down, a series of experts said at the International Legal Finance Association 2024 Conference on Monday.

  • Feds Tells Justices US Citizen Lacks Interest In Spouse's Visa

    The U.S. State Department told the U.S. Supreme Court on Friday that U.S. citizens don't have a constitutional right to know why consular officers deny their spouses' visas, saying that any requirement to provide an explanation would raise national security concerns.

  • Sotomayor, Jackson Dissent As Court Rejects Capital Cases

    In a pair of dissents, Justices Ketanji Brown Jackson and Sonia Sotomayor on Monday broke with a majority of their colleagues on the U.S. Supreme Court who declined to hear two death penalty cases.

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    Microsoft, Walmart CLOs Recognized For Integrity, Creativity

    The legal chiefs at Microsoft and Walmart are among about a dozen leading corporate lawyers who soon will be recognized at the Burton Awards as "Legends in Law" for their track records of addressing complex matters and creativity in solving challenges.

  • Justices Won't Nix FDA Labeling Preemption For State Claims

    The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.

  • Justices Revive 7 Immigration Appeals After Hardship Ruling

    The U.S. Supreme Court on Monday granted certiorari in seven cases and remanded all of them in light of its recent ruling that circuit courts have the authority to review hardship determinations in immigration appeals.

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    Squire Patton Names Global Litigation Practice Co-Chair

    Squire Patton Boggs LLP announced Monday that partner Scott A. Kane, who previously managed its Cincinnati office, has been appointed a co-chair of the firm's global litigation practice.

  • Justice Thomas Misses Monday's Supreme Court Arguments

    U.S. Supreme Court Justice Clarence Thomas was absent Monday for oral arguments examining disputes over whether accepting illegal gratuities without a quid pro quo is prohibited under a federal bribery statute and what test courts should apply when determining whether malicious prosecution claims can proceed. 

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    Justices Allow Class Action Over ATM Fees To Proceed

    The U.S. Supreme Court on Monday declined to review a D.C. Circuit decision affirming class certifications in a long-running ATM fee dispute, which Visa and Mastercard claimed created a circuit split over the correct standard of review courts should use when considering certification motions.

  • High Court Passes On Tenants' Debt Collection Dispute

    The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.

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    Fed. Circ.'s Fight With Newman: A Year In Review

    One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.

  • Fed. Circ.'s Competency Feud With Newman Turned Personal

    A year after the Federal Circuit publicly acknowledged its investigation into U.S. Circuit Judge Pauline Newman's mental and physical competency, the nonagenarian still refuses to follow the court's medical testing orders and remains determined to reclaim her seat on the bench.

Expert Analysis

  • Legal Briefs Can Benefit From Cleaned Up Case Citations Author Photo

    Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.

  • 5 Best Practices For Firms Designing DEI Programs Author Photo

    Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs Author Photo

    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Ask A Mentor: How Do I Juggle Billables And Other Activities? Author Photo

    While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.

  • Making Legal Cents: How To Adapt As Clients Tighten Budgets Author Photo

    Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.

  • Spartan Arbitration Tactics Against Well-Funded Opponents Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • General Counsel And Legal Ops Must Work Together Author Photo

    It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.

  • How Generative AI's Growing Memory Affects Lawyers Author Photo

    A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.

  • A Model For Optimal Legal Tech Investment Strategy Author Photo

    Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.

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    My Nonpracticing Law Job: Recruiter Author Photo

    Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.

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    Ask A Mentor: How Do I Balance Social Activism With My Job? Author Photo

    Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.

  • Personality Tests And Machine Learning Applications In Law Author Photo

    Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.

  • AI Is Reshaping Lawyering: What To Expect In 2024 Author Photo

    The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.

  • Embrace Active Voice In Legal Writing — In Most Cases Author Photo

    Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.

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    Ask A Mentor: How Can I Help Associates Turn Down Work? Author Photo

    Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.

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