The National Law Journal

06/22/2024

ICYMI: DLA Piper (No. 1) overtook Baker McKenzie (No. 2) for the top spot in the latest NLJ 500. DLA Piper increased its headcount by 7.2%, from 4,255 to 4,561. Meanwhile, Baker McKenzie’s headcount shrunk by 4.6%, from 4,779 to 4,558. https://loom.ly/VQS-U8s

The NLJ 500 is the National Law Journal’s survey of the 500 largest law firms in the United States covering the previous calendar year.

06/22/2024

ICYMI: In the amended complaint, Wright accuses Dorsey of “destroying him professionally and exploiting the ‘Me Too’ Movement for her own financial and professional gain.” https://loom.ly/kw7c4nA

A Virginia judge has decided to allow former George Mason University law professor Joshua Wright's lawsuit against two former students, who now practice in Big Law.

06/21/2024

'Mixed Bag': 5th Circuit Sides With Christian-Owned Businesses in ACA Care Case, Lifts Nationwide Block

“Though this case concerns federal law and necessarily implicates concerns of nationwide uniformity, it does not fall into one of the narrow categories that we have previously identified as particularly appropriate for universal injunctive relief,” the appeals court held.

06/21/2024

Mike Lee cited Odessa Kelly’s tweets criticizing several Republican members of the committee, including one stating that several GOP senators who opposed Ketanji Brown Jackson’s Supreme Court nomination were “aligned with the devil.” https://loom.ly/0uud5-I

“I served for a couple of years on an advisory board for an organization that was at that time getting off the ground,” Karla Campbell said, adding that one of the group's goals was to tell low-wage workers about their legal rights.

06/21/2024

The commission is seeking a broad swath of information about MGM’s security, including its cyber risk management, identity theft prevention and the steps MGM takes to protect unauthorized access to administrative tools. It also wants information about how the September incident occurred, when it was detected, and how MGM responded.

https://loom.ly/89z6Rl4

In one line of attack, MGM is seeking to disqualify FTC Chair Lina Khan, who was staying at the company's Las Vegas hotel when the hackers struck and, because of the disruption, was asked by a front desk clerk to write her credit card number on a piece of paper.

06/21/2024

MultiPlan, Health Insurance Firms Face Deluge of Antitrust Complaints

“We believe this lawsuit has no merit, and we look forward to disproving the baseless allegations,” a MultiPlan spokesperson said of the latest antitrust filing. “MultiPlan plays a vital role in helping to reduce healthcare costs across the entire healthcare ecosystem, benefiting payors, provi...

06/21/2024

Sentence Enhancement Belongs to Juries, Not Judges, Says Divided Supreme Court

Judges may not assume the jury's factfinding function for themselves, let alone purport to perform it using a mere preponderance-of-the-evidence standard, Justice Neil Gorsuch wrote for the majority.

06/21/2024

Justices Shut Down American's Fight for Noncitizen Spouse's Visa

The U.S. citizen failed to show her spouse's right to a visa is deeply rooted in this Nation’s history and tradition, Justice Amy Coney Barrett wrote for the majority. In fact, Congress’s longstanding regulation of spousal admissibility immigration ... cuts the other way.

06/21/2024

High Court Revives Confrontation Clause Claim Over 'Substitute Expert'

When an expert conveys an absent analyst’s statements in support of his opinion, and the statements provide that support only if true, then the statements come into evidence for their truth, Justice Elena Kagan wrote for the court.

06/21/2024

A return to profit growth and a broad “acceptance” of office work norms have made the legal industry look and feel a little more normal in 2024. And, according to new data, associate hiring may be another leg on that stool. https://loom.ly/2qrIBf4

06/21/2024

Supreme Court Upholds Federal Firearm Ban for Suspected Domestic Abusers

When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed, Chief Justice John Roberts Jr. wrote for the 8-1 majority. Justice Clarence Thomas was alone in dissent.

06/21/2024

FCC's Proposed ISAM Rulemaking Exceeds Its Authority Under Major Questions Doctrine

Do congressional statutes provide the Federal Communications Commission with authority to license and regulate a broad range of in-space servicing, assembly, and manufacturing activities? Under U.S. Supreme Court law, the answer is no.

06/20/2024

FTC's War on 'Dark Patterns' Derives From Years Opposing Deceptive Practices, Ex-Agency Leaders Say

Sellers have always been trying to make consumers stay as customers and will go to great lengths to make it difficult for consumers to simply want to quit the company, said David Vladeck, former director of the FTC’s Bureau of Consumer Protection.

06/20/2024

With Big Law Backing, TikTok Tells DC Circuit Law Forcing Ban or Sale Violates Free Speech

“No one would doubt the burden on protected speech if Congress ordered the Sulzberger family to sell The New York Times, TikTok's attorneys wrote. The same is true of the government dictating the sale of TikTok, one of the country’s largest media platforms.”

06/20/2024

Morrison Foerster, Gibson Dunn, DLA Piper, McGlinchey Bring on DC Lateral Partners

Law firms added laterals in their public company advisory & governance, white collar, tax and energy groups.

06/20/2024

Justices Say 5th Circuit Erred in Retaliatory Arrest Case, Read Precedent Too Narrowly

Supreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows similarly situated individuals would be treated differently by police.

06/20/2024

In its 6-3 ruling in Diaz v. U.S., the high court court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant’s mental state when such knowledge is an element of the crime. https://loom.ly/DkAedvY

In its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant’s mental state when such knowledge is an element of the crime.

06/20/2024

“Respectfully, it is hard to know where this tort comes from,” Gorsuch wrote in dissent. “Stare for as long as you like at the Fourth Amendment and you won’t see anything about prosecutions, malicious or otherwise.”

https://loom.ly/sBZ6zUo

A lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.

06/20/2024

GOP Senators Attack 6th Circuit Pick Over Tie to Workers Group, Political Donation

“I served for a couple of years on an advisory board for an organization that was at that time getting off the ground,” Karla Campbell said, adding that one of the group's goals was to tell low-wage workers about their legal rights.

06/20/2024

In its 7-2 decision, the high court rejected a challenge from petitioners Charles and Kathleen Moore, who said the Mandatory Repatriation Tax violates the Constitution’s obscure Apportionment Clause, which requires “direct” taxes be divvied up among the states based on population. https://loom.ly/6LtA4Bg

In their 7-2 decision, the justices rejected arguments that the Mandatory Repatriation Tax violates the Constitution’s Apportionment Clause, which requires “direct taxes be divvied up among the states based on population.

06/20/2024

Pa. US District Court Nominee Touts Phila. Legal Community Support

“Everyone has been encouraging me to do this, because they believe I can do it, they believe I can be a good judge,” Henry, a career public defender, said during her nomination hearing. “I am thrilled at even being considered for this position.”

06/20/2024

High Court Says Testimony About 'Most' Drug Mules Not Against The Rules

In its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant’s mental state when such knowledge is an element of the crime.

06/20/2024

New Jersey takes the tenth spot on this year's state ranking. See the rest here: https://loom.ly/u4X8Mhs

Be sure to take a look at this year's top ranking states.

06/20/2024

Justices Call Malicious Prosecution Charge-By-Charge Inquiry, Marking Victory for Plaintiffs

A lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.

06/20/2024

Which firms grew or shrunk the most by headcount or percentage during 2023? https://loom.ly/ScuCXzg

These firms grew or shrunk the most by headcount or percentage during 2023.

06/20/2024

Boston is one of the top five cities that saw the largest increase in lawyer headcount in 2023. See the full top five here: https://loom.ly/8vwnstk

Be sure to check out this year's leading cities!

06/20/2024

Headcount growth returning to moderate pre-pandemic levels could be the new post-pandemic norm. Some firm leaders and legal observers say they expect to fill vacancies in their benches and add lawyers where needed, though aren’t aggressively adding to their headcount as transactional work makes a slow rebound. https://loom.ly/KWtp0Ao

The majority of the largest law firms saw modest headcount growth, though there were a few exceptions, leading to several ranking adjustments at the top of the NLJ 500.

06/20/2024

Supreme Court Upholds Repatriation Tax on Foreign Earnings

In their 7-2 decision, the justices rejected arguments that the Mandatory Repatriation Tax violates the Constitution’s Apportionment Clause, which requires “direct taxes be divvied up among the states based on population.

06/20/2024

“It seems to me it’s almost impossible to cabin that, because if you have any kind of political dispute—unfortunately, we live in an age when that’s very common—that it would be almost impossible to prosecute anybody because someone could say, ‘Well they’re doing it because of viewpoint discrimination,’” Judge Smith said. https://loom.ly/EPKF3UE

If the selective prosecution argument is accepted, it would become “almost impossible” for the government to bring prosecutions in politically charged times, suggested Judge Milan Smith.

06/20/2024

Here are the top 10 salaries among young associates for this year’s firms. Check out the full list: https://loom.ly/UaT6VIQ

Check out the newest addition to our survey, the top salaries for some of the largest NLJ500 firms.