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Legal Ethics
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December 12, 2024
JUDGES Act Passes House But Biden Veto Looms
The House voted 236-173 on Thursday to pass a bill to add more judgeships, which tees it up for a likely veto by the president, as many Democrats have soured on the measure after Donald Trump's victory at the polls.
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December 11, 2024
Calif. Judge Admonished After Throwing Papers At Atty
California's Commission on Judicial Performance publicly admonished a state judge Tuesday, saying he violated standards of conduct by throwing papers at an attorney in court and by misleading the commission last year about his planned retirement date, purportedly to influence the outcome of a misconduct investigation at that time.
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December 11, 2024
Ill. Atty Convicted Of Tax Fraud, Scripting Witness Testimony
An Illinois attorney has been convicted of tax fraud, witness tampering and contempt in a federal court retrial on charges that he filed false tax returns, alongside added charges that he tried to script an employee's testimony and violated court orders, prosecutors announced Wednesday.
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December 11, 2024
Embattled Texas Law Firm Heading To Mediation In Ch. 11
Troubled Houston law firm MMA Law said it will engage in mediation with litigation funders Equal Access Justice Fund LP and creditors to try to sort out issues pertaining to the firm's bankruptcy plan and other matters, days after Equal Access escaped a class action involving MMA Law.
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December 11, 2024
Class Action Co. Will Reform Biz Practices, DC AG Says
A third-party class action claims filer will change its business practices to boost transparency as part of a settlement with Washington, D.C., enforcers, the state attorney general's office announced Wednesday.
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December 11, 2024
Ga. Justices Disbar Atty For Abandoning Criminal Cases
The Georgia Supreme Court has disbarred a Florida-based attorney in the Peach State after finding he caused economic harm to three clients in abandoning their criminal cases "and even caused one client to experience an extended period of incarceration."
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December 11, 2024
Pashman Stein Accused Of Threatening Firm In Fee Dispute
A New Jersey attorney facing a lawsuit from Pashman Stein Walder Hayden PC over $90,000 in unpaid legal fees has alleged in state court that the firm unethically threatened to sue his sister-in-law's law firm as he sought to bring counterclaims.
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December 11, 2024
After Veto Threat, Courts Warn Need For More Judges Urgent
Following President Joe Biden's veto threat of a bill to add more federal judgeships, the Administrative Office of the U.S. Courts warned Wednesday that there is an urgent need for more judges despite the White House's claim that there's no immediate need to create more seats.
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December 11, 2024
Del. Bar Urged To Push Back On Musk's Chancery Criticism
Nearly 100 legal professionals, mainly plaintiffs bar attorneys and law professors, have called on the Delaware State Bar Association to defend the state's chancellor against attacks that tech and social media billionaire Elon Musk launched after a stinging defeat of his nearly $56 billion, multiyear Tesla Inc. package in January.
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December 11, 2024
Akerman Can't Escape Malpractice Suit Over Lease Dispute
Akerman LLP has lost its jurisdictional challenge to a lawsuit alleging it owes a seafood restaurant chain over $1 million for giving bad advice during a lease dispute in Florida, with a Texas appeals court ruling the malpractice claims stem from work the firm solicited within the Lone Star State.
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December 11, 2024
Ozy Media Ex-CEO's Atty Seeks More Time Or OK To Quit
An attorney for former Ozy Media Inc. CEO Carlos Watson asked a New York federal judge Wednesday for permission to withdraw from Watson's fraud and identity theft case unless he and other defense counsel can have more time to prepare for sentencing proceedings set to begin Friday.
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December 11, 2024
Connell Foley Faces DQ Bid In Investment Firm's Bias Suit
A Black-owned investment firm accusing BlackRock Inc. and New Jersey of squeezing it out of a lucrative contract are urging a federal court to disqualify Connell Foley LLP from representing the state, claiming the firm used privileged information from an attorney who has advised it throughout the dispute in a separate action.
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December 11, 2024
Law Firm Must Share Files, Face Malpractice Claim, Suit Says
A mining company wants Pittsburgh-based Sherrard German & Kelly PC to hand over its files regarding the representation of a former client who was on the losing end of a multimillion-dollar judgment in 2022 and assigned its malpractice claim to the mining company.
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December 10, 2024
Paul Hastings Says Biz Waived Privilege On Malpractice Docs
Paul Hastings LLP has called on a Los Angeles County Superior Court judge to force GenapSys Inc., known as Redwood Liquidating Co. since its bankruptcy, to turn over documents that it had inadvertently produced in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.
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December 10, 2024
Arb. Award 'Unjust' Enough To Toss? Ga. Justices Ponder
Justices of Georgia's Supreme Court appeared to agree Tuesday that arbitration of a dispute between a medical provider and its contractor unjustly turned into a one-sided affair, but hesitated to endorse the argument that the issues raised warrant throwing out the arbitrator's $1.75 million award in the contractor's favor.
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December 10, 2024
Jay-Z Says PI Atty Buzbee Has History Of False Diddy Claims
Shawn "Jay-Z" Carter's lawyers told a New York federal judge on Tuesday that the law firm of Tony Buzbee, a high-profile personal injury attorney suing the music mogul for allegedly raping a 13-year-old girl alongside Sean "Diddy" Combs, tried to pressure a different woman into leveling false sexual assault claims against Diddy.
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December 10, 2024
McGrath Kavinoky Denied Arbitration With 'Bullied' Clients
A California judge on Tuesday denied McGrath Kavinoky LLP's bid to arbitrate allegations it "bullied" clients into accepting a share of $374 million in settlements for women who say they were sexually abused by a UCLA Health gynecologist, finding the situation "presents a problem" for the firm.
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December 10, 2024
Tool Co. Fights Bid To DQ Law Firm In Whistleblower Case
A tool company pushed back on a bid to disqualify a Smith Gilliam Williams & Miles PA attorney from representing it in a former employee's False Claims Act suit, saying documents made available to the firm when a different firm attorney represented the ex-employee in a domestic matter have no bearing on the case.
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December 10, 2024
NC Law Firm, Insurer Drop Phishing Coverage Row
A law firm specializing in real estate transactions and its cyber insurer told a North Carolina federal court Tuesday they've agreed to settle their dispute over coverage for a phishing scam the firm said caused it to unwittingly wire roughly $647,000 to the hacker's bank account.
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December 10, 2024
BigLaw Firms Freed From Bankruptcy Judge Romance Suit
Kirkland & Ellis LLP and Jackson Walker LLP have officially escaped an investor's racketeering lawsuit alleging a conspiracy involving a former Texas bankruptcy judge and his secret romance with a former Jackson Walker partner.
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December 10, 2024
SEC Says Xtreme Fighting CEO And GC Defrauded Investors
The U.S. Securities and Exchange Commission has accused Xtreme Fighting Championships and CEO Steven Smith of defrauding investors by selling millions of dollars of stock in the martial arts organization without disclosing the involvement of Smith or its criminally charged general counsel, according to a Florida federal lawsuit.
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December 10, 2024
NY DA Says Trump's 'President-Elect Immunity Does Not Exist'
Prosecutors told the New York state judge presiding over Donald Trump's hush money case that "president-elect immunity does not exist" and that the court could delay sentencing — or even "terminate" the case without dismissing it.
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December 10, 2024
Ex-Judge Accused Of 'Abusive Relationship' With Prosecutor
A federal prosecutor in Alaska has accused former U.S. District Judge Joshua Kindred of coercing her into a sexually charged "abusive relationship" in the midst of a criminal trial that took place earlier this year, according to unsealed documents that shed new light on misconduct allegations against the jurist.
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December 10, 2024
NJ Atty Hits Law Firm With Pregnancy Bias, Retaliation Suit
A New Jersey lawyer has been hit with pregnancy discrimination and whistleblower claims by a former attorney at his firm who alleges that she was punished after announcing her pregnancy and for reporting what she believed to be fraudulent billing practices.
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December 10, 2024
Ex-Denver Juvenile Judge Censured For Drinking On The Job
Colorado justices have censured a former state judge on Denver's juvenile court after he fired an employee who reported him for drinking while he was supposed to be working.
Expert Analysis
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
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.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.