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Legal Ethics
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January 07, 2025
Ex-Knick, Ex-MSG Security Head Spar Over Deposition
Former New York Knicks player Charles Oakley and the former chief of security for Madison Square Garden have reached an "impasse" over a subpoena for the ex-chief's documents and deposition in a suit over Oakley's ejection from a February 2017 NBA game.
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January 07, 2025
Law Firm Sought To Collect Expired Debts, 3rd Circ. Told
A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.
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January 07, 2025
Quinn Emanuel Says NAFTA Case Irrelevant In DQ Bid
A Mexican oil company and its subsidiaries cannot add "undisputedly irrelevant" supplementary information about former counsel Quinn Emanuel amid a disqualification bid, the law firm has told a Miami federal court, arguing that the requested documents, including the dismissal of a NAFTA arbitration Quinn Emanuel brought against Mexico, are either unrelated to the underlying litigation or duplicative.
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January 07, 2025
Fla. Judge Denies Attys' Recusal Bid In Malpractice Case
A Florida state judge has denied a request to recuse himself in a legal malpractice case by the victim of a car accident, rejecting the defense's argument that he should be disqualified because he oversaw the underlying matter.
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January 07, 2025
Starbucks Says It Can Target Inventor In Mobile Ordering Feud
Starbucks has urged the Eastern District of Texas to keep alive its counterclaims against a patent-licensing executive who claims the coffee chain infringed a patent covering a mobile ordering system, accusing him of creating an "extensive thimblerig" of shell entities to avoid paying the cost of his "meritless" cases.
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January 07, 2025
O'Melveny Beats DQ Bid In Hyundai Trademark Dispute
A California federal judge has denied a bid to disqualify O'Melveny & Myers LLP from representing Hyundai Motor Co. in a trademark dispute with computing company Hyundai Technology Group, saying the firm's failure to destroy a clawed-back document didn't justify booting it from the case.
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January 07, 2025
Ga. Judge's Ethics Case Gets March Hearing Date
A hearing has been set for March in the ethics case against a Georgia state judge accused of improperly allowing her personal friendship with an attorney to influence her role as a judge during a child custody case and of initiating and participating in ex parte communications.
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January 07, 2025
Judge Temporarily Blocks Trump Special Counsel Report
A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.
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January 07, 2025
Trump Can't Halt Sentencing In NY Case, Appeals Judge Says
A New York appellate judge Tuesday declined to freeze proceedings in Donald Trump's criminal hush money case, clearing the way for the president-elect to be sentenced as scheduled on Friday following his guilty verdict and just days before his inauguration.
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January 06, 2025
Jury Will Hear Proud Boys 'Context' In Trial Against Law Firm
A federal judge ruled Monday that a lawyer and law firm who supposedly misused a Texas company's jury pool research can't keep a jury from hearing certain details about their defense of Proud Boys who took part in the Jan. 6, 2021, assault on the U.S. Capitol.
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January 06, 2025
DC Judge Denies Atty's Bid To Hasten Search For DEA Leak
A D.C. federal judge Monday denied a Texas attorney's bid to force the U.S. Drug Enforcement Administration to turn over purported communications between agency personnel and anti-legalization activists regarding a proposal to loosen federal restrictions on marijuana.
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January 06, 2025
Judge Urged To Sit Out Alopecia IP Row Over Ex-Clerk's Role
Sun Pharmaceutical Industries has asked a New Jersey federal judge to recuse himself from a case alleging the company's alopecia drug infringes an Incyte patent, saying Incyte's attorneys hired the judge's former law clerk and put him on the case, creating "an indelible appearance of impropriety."
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January 06, 2025
Investment Adviser Says Attys' Mistakes Cost Him His Career
A Colorado investment adviser has sued two of his former attorneys for malpractice in state court, claiming one failed to clarify that a deal he signed over securities violations also would bar him from working in other states, while the other allegedly failed to timely file an appeal to dispute the settlements.
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January 06, 2025
NC Town Sued To Stop Confederate Statue's Move To Courthouse
A town council and board of commissioners in eastern North Carolina may not unilaterally relocate a controversial Confederate monument to the grounds of a local courthouse, a group of North Carolina residents has told a state court in a suit to block the move over an alleged violation of the state's open meetings law.
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January 06, 2025
Giuliani Held In Contempt In $148M Defamation Row
A New York federal judge on Monday found Rudy Giuliani in contempt of court for failing to turn over evidence to two former Georgia election workers seeking to collect on a $148 million defamation judgment they secured against the former attorney to President-elect Donald Trump.
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January 06, 2025
On Capitol Riot Anniversary, DOJ Update Says 1,500 Charged
On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.
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January 06, 2025
Ex-GMU Prof. Tells Judge To Ignore Accusers' 'False Reality'
Former FTC Commissioner and law professor Joshua Wright on Friday slammed two former students' request to exclude evidence of damages at an upcoming trial in a $108 million lawsuit in which he accused them of defamation, saying the request is "self-servingly twisted to present a false reality."
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January 06, 2025
Arkansas' Justices Block New Chief From Firing Officials
The Arkansas Supreme Court has blocked an attempt by its new chief justice to terminate 10 state court employees, saying that the proposed terminations appear to be "retaliatory" and "would disrupt the administration of justice across the state."
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January 06, 2025
Pashman Stein Avoids Atty's Claims, Rips Threat Accusation
Pashman Stein Walder Hayden PC has defeated an attempt from an attorney and former client to countersue it for breach of contract in New Jersey state litigation from the firm over unpaid fees, accusing the lawyer of a "flagrant attempt to manipulate the judicial process."
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January 06, 2025
Jenner & Block Faces DQ Bid In Casino Project Dispute
Three Native American tribes want Jenner & Block LLP disqualified from a lawsuit that seeks to block the construction of a new casino in Oregon, claiming the firm previously represented them in the same dispute.
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January 06, 2025
Judge Denies Trump's Request To Delay Jan. 10 Sentencing
A New York state judge on Monday denied Donald Trump's request to suspend his Jan. 10 sentencing in his hush money case as the president-elect simultaneously appealed the court's refusal to throw out the charges based on presidential immunity.
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January 03, 2025
Insurer Accuses Hinshaw Of Negligence Over $11M Trial Loss
Texas Insurance Co. has sued the law firm Hinshaw & Culbertson LLP and a partner in California state court, alleging they failed to advise the insurer that it could be liable for the bulk of an $11.15 million verdict in an underlying personal injury case.
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January 03, 2025
Venable Faces DQ Bid In AmeriMark Shareholder Dispute
Attorneys from Venable LLP and Parsons Behle & Latimer PC have been hit with a disqualification bid in Utah federal court in a shareholder dispute involving AmeriMark Group AG, with the defendants arguing the lawyers are representing both the suing shareholder and the AmeriMark subsidiary at the heart of the dispute, causing a conflict of interest.
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January 03, 2025
Suits Allege California Law Firm Committed Debt Relief Fraud
Two people filed lawsuits this week against a California law firm, alleging that it had promised to fix their debt problems but instead took hundreds of dollars from their bank accounts each month and did nothing to help.
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January 03, 2025
Giuliani Says Memory Faulty In Meandering NY Contempt Row
A Manhattan federal judge mulled a bid to hold Rudy Giuliani in contempt of a $148 million defamation judgment Friday, during a day of sparring in which the former New York City mayor repeatedly told counsel for two defamed Georgia poll workers that he doesn't remember case details.
Expert Analysis
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.