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Legal Ethics
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January 03, 2025
Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit
A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.
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January 03, 2025
Atty Wants Free Speech Suit Over Tenn. Court Rule Kept Alive
A free speech challenge to a Middle District of Tennessee rule barring attorneys from making "any extrajudicial statements" about cases in the district should be allowed to move forward since the court is not entitled to sovereign immunity, according to the Nashville civil rights lawyer behind the suit.
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January 03, 2025
Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work
An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.
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January 03, 2025
Ex-GMU Prof.'s Accusers Say He Can't Prove $108M Damages
Former FTC Commissioner Joshua Wright allegedly failed to provide information to back his $108 million defamation damages claim and then walked out of a deposition, according to a Virginia court filing by two former students whom Wright sued over their statements to Law360.
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January 03, 2025
Prison Delay Denied For Broker In $22M Tax Scheme
An insurance broker sentenced to five years in prison for participating in a $22 million tax scheme must begin serving his term after a North Carolina federal judge on Friday denied him a delay to help his new counsel prepare his appeal.
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January 02, 2025
Murdaugh Hit With $15M Tab In Insurance Case Set For Trial
A South Carolina federal judge hit ex-lawyer and convicted murderer Alex Murdaugh with a $14.8 million default judgment Thursday in favor of Nautilus Insurance Co., days before the insurer is set for trial against another lawyer and law firm who allegedly should have known about Murdaugh's insurance fraud.
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January 02, 2025
Judicial Conference Closes Thomas Gift Probe With No Action
The Judicial Conference of the United States will not refer ethics complaints accusing U.S. Supreme Court Justice Clarence Thomas of unlawfully failing to disclose decades of luxury gifts and travel to the U.S. Department of Justice for further investigation, according to letters released Thursday.
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January 02, 2025
Calif. Federal Judge Escapes House Party Brawl Suit, For Now
A California federal judge has been dropped, for now, from litigation over an alleged assault during a party supposedly hosted at the jurist's Pasadena home with underage drinking and insufficient supervision.
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January 02, 2025
Fox Rothschild Atty Beats Trade Secret Theft Allegations
A federal judge in New Jersey says a company trying to develop cancer drugs had waited too long to sue its former patent lawyer after he allegedly "confessed" over five years ago to helping a Chinese rival file a patent application that allegedly misappropriated trade secrets.
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January 02, 2025
Ill. Atty Can't Avoid Prison Pending Bribery Appeal
An Illinois attorney set to serve time for bribing former Chicago alderman Edward Burke must still report to prison while he asks the Seventh Circuit to review his conviction and 32-month sentence, a federal judge said.
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January 02, 2025
Mich. Justices OK Atty Fees As Legal Malpractice Damages
The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.
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January 02, 2025
Texas High Court Tosses Ethics Case Against Paxton Deputy
A split Texas Supreme Court this week ended an ethics case against state Attorney General Ken Paxton's first assistant over a lawsuit challenging the 2020 election results in other states, finding that such discipline would violate the Lone Star State's separation of powers doctrine.
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January 02, 2025
Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys
A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.
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January 02, 2025
Beasley Allen Aims To Toss Suit From Ex-Ally Firm
Beasley Allen has called on a Mississippi federal court to dismiss or transfer a defamation and breach of contract lawsuit from The Smith Law Firm PLLC over their joint venture agreement for talc litigation against Johnson & Johnson, arguing the case should be tossed in favor of its own suit filed earlier in Alabama.
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January 02, 2025
Fla. Ethics Case Over Ex-Judge's 'Intemperate' Conduct Nixed
An ethics complaint against a former Sunshine State jurist accused of acting "intemperately" has been dismissed because the judge left office Tuesday and has agreed not to serve as a judge again, according to a Thursday notice from a judicial ethics panel.
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January 02, 2025
Mass. Atty Accused Of Botching Bias Case, Misleading Client
A Massachusetts woman says a prominent Boston attorney mishandled her age and gender bias complaint, then misled her about the viability of the case for several years while convincing her to let him rent a home she owned at a discount in lieu of additional litigation costs.
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January 02, 2025
Perkins Coie Fights DQ Bid In Facial Recognition IP Suit
Perkins Coie LLP wants to continue defending Jumio Corp. in a patent infringement lawsuit involving facial recognition technology, calling plaintiff FaceTec Inc.'s bid to disqualify the law firm over its previous work for FaceTec a "tactical" ploy.
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January 02, 2025
Netflix Says 'Uncopyrightable Facts' Sink Boy Scout Doc Suit
Netflix has asked a New Jersey federal court to toss a trial lawyer's copyright infringement claims over their competing documentaries on sexual abuse within the Boy Scouts of America, arguing that any claimed similarities "are based on uncopyrightable facts that are free for all creators to use."
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January 01, 2025
Legal Ethics Matters To Watch In 2025
After an eventful 2024, industry experts are looking ahead to what might be the big topics in legal ethics in the new year, including the ethics implications of artificial intelligence and ethics opinions that may be relevant to attorneys in the incoming second Trump administration.
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January 01, 2025
Georgia Cases To Watch In 2025
The fate of a prosecution of President-elect Donald Trump, Ford's ongoing fight over claims it hid the rollover dangers of its Super Duty trucks, and a feeding frenzy of class actions after a major metro Atlanta industrial fire are among the cases that will take center stage in Georgia's courts this year.
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January 01, 2025
The Hottest Topics Appellate Attys Are Tracking In 2025
Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.
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January 01, 2025
Top Personal Injury, Med Mal Rulings Of 2024
A federal appellate panel's ruling in a "blackout challenge" death suit against TikTok's owner and a U.S. Supreme Court decision over whether bump stocks can be considered machine guns under a federal agency's rule were among Law360's top personal injury and medical malpractice rulings in 2024.
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
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January 01, 2025
NJ Cases To Watch In 2025: Power Broker, Pollution Cleanup
This year, litigators in New Jersey and beyond will be watching the state's prosecution of power broker George Norcross and his close associates for the alleged wide-ranging RICO conspiracy to obtain Camden waterfront properties and the millions of tax credits that come with the lots.
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January 01, 2025
6 Pivotal Texas Bills To Watch In 2025
Texas lawmakers have filed a litany of bills to debate in the New Year that would expand access to the state bar, emulate the end of the Chevron doctrine for state agencies and add new layers to the judicial complaint process. Here are six key proposals in the state legislature that attorneys should watch closely.
Expert Analysis
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Verizon Benefits Ruling Clears Up Lien Burden Of Proof
A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Opinion
High Court's Gifts Problem Taints Public Corruption Cases
A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.