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Legal Ethics
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October 04, 2024
RI Atty Faces Discipline For Unauthorized Practice In Conn.
An attorney from Rhode Island is facing possible disciplinary action in Connecticut after she represented a client in a juvenile court matter in the Constitution State without being licensed to practice in the state.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Panel Agrees Atty 'Acted Incompetently' In Filing Slipup
Connecticut's Statewide Grievance Committee had clear and convincing evidence that civil litigation attorney John W. Mills of Mills & Cahill LLC acted incompetently in failing to name his client's business as a plaintiff in a lawsuit against her accountant's estate or provide proof of her individual damages, a state appellate panel ruled Friday.
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October 04, 2024
Why There's No Mistrial Yet In 'Messed Up' Young Thug Case
Legal experts told Law360 that concerns about sunk cost and the possibility of defendants claiming double jeopardy may be the reasons why Young Thug's long and troubled racketeering trial has continued in Georgia despite more than 40 mistrial motions filed by defendants arguing prosecutorial misconduct and judicial bias.
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October 04, 2024
Holtec Sues Former GC Over Alleged Embezzlement Scheme
Energy technology company Holtec International has launched a New Jersey state lawsuit accusing its former general counsel and others of taking part in an embezzlement scheme to dupe the company into paying more than $700,000 to an entity they owned.
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October 04, 2024
Ex-Judge Jones Says Judicial Acts Bar Atty Romance Claims
Former bankruptcy judge David R. Jones said judicial immunity bars claims over his undisclosed romantic relationship with a former Jackson Walker LLP attorney because the purported harm to the onetime head of a now-shuttered barge company stemmed from official acts.
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October 04, 2024
NJ Court Removes Judge Who Admitted Sex Harassment
The New Jersey Supreme Court has removed a municipal judge and barred him from holding judicial office in the state again after accusations that he sexually harassed female court staff members after becoming drunk at an office party.
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October 04, 2024
Colo. Attys May Release Files Without Waiving Lien On Clients
A Colorado appellate panel has found that attorneys who hold liens on documents due to unpaid client bills will not waive their rights to enforcement if they release certain files, issuing a precedential opinion designed to help trial courts determine when such liens are enforceable and when they might be lifted.
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October 04, 2024
Justices Accept Ex-Chicago Alderman's False Statement Case
The U.S. Supreme Court said Friday that it would review the conviction of an ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman under a federal statute that prohibits making false statements to influence certain financial institutions.
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October 03, 2024
Trump Says Justices' Jan. 6 Ruling Shields Him From Charges
Former President Donald Trump on Thursday told a Washington, D.C., federal judge that charges accusing him of scheming to subvert the 2020 election results cannot stand after the U.S. Supreme Court limited prosecutors' use of an obstruction statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021.
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October 03, 2024
WilmerHale Hired For DHS IG's Retaliatory Probe, Report Says
U.S. Department of Homeland Security Inspector General Joseph Cuffari at one point tapped WilmerHale to conduct a retaliatory investigation into three staffers who complained about him, an abuse of his authority and waste of funds, a watchdog alleged in a report Wednesday.
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October 03, 2024
Counties Say Foreclosure Attys Trying To Quash Competition
Michigan counties facing a proposed class action over profits they kept from foreclosures of tax-delinquent properties questioned Wednesday the aim and legality of their opposing counsel's quest to rein in a previous rival's outreach to people who have experienced foreclosures.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
Del. Vice Chancellor Slams Fee Terms In Advancement Case
A Delaware vice chancellor balked Thursday at "success fee" terms in a fee advancement case that she suggested made the clients a "human shield" in litigation over attorney expenses in connection with a New Jersey legal malpractice case.
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October 03, 2024
Wash. AG Wants Albertsons Sanctioned In Opioid Suit
Washington state's attorney general has accused Albertsons of using a state-court-ordered stay to shield itself from discovery in a consumer protection suit that accuses Rite Aid and grocery store pharmacies of exacerbating the opioid epidemic, seeking the appointment of a "discovery referee" in a new sanctions motion.
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October 03, 2024
Fla. Judge Facing Discipline For 'Intemperate' Conduct
A Florida state judge is facing disciplinary action for his behavior in multiple matters, including occasions when he allegedly acted "intemperately" and lacked "the patience, dignity, and courtesy required by the Code of Judicial Conduct," a judicial ethics panel said.
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October 03, 2024
Conn. Justices OK Bar Input On Banking Probe Into Lawyers
The Connecticut Supreme Court will allow the National Creditors Bar Association and the Connecticut Creditors Bar Association to weigh in on a case that questions whether the state banking commissioner violated the constitution's separation of powers doctrine by launching a probe into a law firm and its associated debt negotiation group.
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October 03, 2024
Cos. Want Federal Rule On Litigation Funding Disclosure
The federal courts should adopt a uniform process for the disclosure of third-party litigation funding in federal cases, a host of companies, including Johnson & Johnson and Google, told the judiciary's Rules Committee.
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October 03, 2024
Allred Feud With Ex-Tenant Over 'Large Rodent' Puzzles Judge
Gloria Allred's long-running dispute with a former tenant — who said he fled rats in her Manhattan apartment eight years ago — spilled into New York federal court Monday, leaving the judge to wonder aloud why the celebrity attorney was still suing the man over a $25,000 claim as he sought bankruptcy protection.
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October 03, 2024
NJ Mogul's Brother Says Lawyering Isn't Racketeering
Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.
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October 03, 2024
Jones Day Parental Leave Bias Claims Must Go To Jury
Jones Day will have to defend its family leave policy at trial against claims from married ex-associates who say it is discriminatory and violates District of Columbia law, a D.C. federal judge said Thursday in concluding such bias allegations were a close call.
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October 03, 2024
Brokerage Made 'Mockery' Of Courts, Texas Justices Told
A Dallas law firm urged the Texas Supreme Court at a hearing Thursday to uphold an appellate court's ruling that tossed a $22 million malpractice verdict against the firm in a dispute with a real estate brokerage, accusing the company of changing positions "depending on where the money lies."
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October 03, 2024
Sham Law Firm Employee Gets 5 Years For Foreclosure Fraud
A Virginia man was sentenced to five years in prison and hit with a $159,000 fine for what a D.C. federal judge called Thursday the "horrendous" crime of using a Manassas law firm to defraud homeowners facing foreclosure.
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October 03, 2024
Judicial Picks From 3 States Remain Hearing-Less
With a dwindling number of days left on the Senate's 2024 calendar, Democrats are pushing to confirm more judges so President Joe Biden can meet or exceed former President Donald Trump's record.
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October 03, 2024
Newest High Court Reform Bill Would Cap Gifts At $50
A group of Democratic senators has introduced new legislation that would place price caps and other restrictions on gifts received by U.S. Supreme Court justices in an effort to bring the court's ethical rules closer in line with those followed by federal employees and members of Congress.
Expert Analysis
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.