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Legal Ethics
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January 28, 2025
Pa. Bank Regulator Claims Co. Hid Affiliation, Misused Privilege
A Texas debt-settlement company should be sanctioned for failing to disclose its alleged affiliation with another debt consolidator and for invoking attorney-client privilege when pressed about how its general counsel complied with a subpoena, Pennsylvania's banking regulator told a state court Tuesday.
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January 28, 2025
Law Firm Accused Of Botching NYC Construction Lawsuit
An HVAC subcontractor and one of its investors claim that attorneys at a New York law firm cost them a $700,000 judgment at trial by failing to call any witnesses or produce any documents to rebut claims from a general contractor that they diverted funds, according to a lawsuit in New Jersey state court.
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January 28, 2025
Watchdog Wants Conn. Atty Suspended For Escrow Theft
Connecticut's Office of Chief Disciplinary Counsel is calling for an attorney with a history of court reprimands and grievances to face a license suspension, after she was found liable for statutory theft of client funds.
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January 28, 2025
Miami Developer Has To Pay Fees Owed To Carlton Fields
A Miami developer suing the Carlton Fields law firm can't dodge bills for legal work the firm performed for him, as a Florida state judge on Tuesday granted the firm a win on its counterclaim seeking payment of outstanding legal fees.
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January 28, 2025
Morgan & Morgan Keeps Win To Arbitrate Malpractice Claims
A Georgia federal judge on Tuesday declined to reconsider a ruling granting Morgan & Morgan PA's bid to compel arbitration in a former client's legal malpractice case or to send the dispute back to state court.
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January 28, 2025
Mich. Steakhouse Drops $2M Negligence Suit Against Atty
A Michigan steakhouse has dropped its malpractice suit against its former attorney after claiming the lawyer made mistakes in franchise agreements that cost it more than $2 million, according to a stipulated order Tuesday.
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January 28, 2025
Colo. Atty Hits DC-Area Law Firm With Bias Suit Over Firing
A Colorado attorney has sued the Washington, D.C.-area firm Volkov Law Group, alleging it discriminated against her based on age and gender when she was "abruptly and unlawfully fired" in October 2023 at the age of 56, and accusing the firm of wrongfully withholding wages.
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January 28, 2025
Berry Appleman, Ex-Tech Lead Resolve Disability Bias Suit
Berry Appleman & Leiden struck a deal to end a former software tech lead's suit claiming the global immigration firm fired him because side effects from new medication caused him to ask for a reprieve from his demanding workload, according to a filing in Texas federal court.
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January 27, 2025
Proud Boys Atty Calls Researcher Copyright Claim A 'Ruse'
A Texas-based researcher laid out her case against an attorney she accuses of violating her copyright and skipping out on his bill, claiming that her firm foundered after the lawyer, who was defending a Proud Boy accused of attacking the U.S. Capitol, didn't tell her he couldn't pay.
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January 27, 2025
Feds' Madigan Informant Is A 'Malignant Tumor,' Jury Told
An attorney for ex-Illinois House Speaker Michael Madigan took aim Monday at the former Chicago alderman called as the government's star witness in Madigan's criminal racketeering trial, calling him "a malignant tumor at the heart of this case" and urging jurors not to trust his testimony as they prepare to deliberate on his client's fate.
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January 27, 2025
Judge Orders Litigation Funder To Give Docs To Netflix
A Virginia federal judge said AiPi LLC, an intellectual property strategy service, has to hand over certain documents that Netflix Inc. requested relating to patent litigation claims against the streaming giant.
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January 27, 2025
Ga. Appeals Panel Revives Malpractice Suit Against Law Firm
The Georgia Court of Appeals partly reinstated a malpractice suit accusing a Georgia law firm and one of its former attorneys of failing to show up at a client's bench trial that ended with a $100,000 judgment against the client.
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January 27, 2025
Tesla Too Late To DQ Judge In Crash Suit, Court Told
A woman suing Tesla Inc. over a crash that resulted in the amputation of her legs is urging a California federal court not to disqualify the judge assigned to her product liability case, saying the automaker has no excuse for waiting nearly a year and a half, until just before trial, to call for his disqualification.
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January 27, 2025
Arrested Atty Can't Sue Sheriff's Office Either, Pa. Judge Says
A Pennsylvania federal judge on Monday dismissed the last of a group of Allegheny County government officials and entities named as defendants in a lawsuit filed by two brothers who claimed they were unlawfully detained when they failed to meet discovery deadlines in a separate case.
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January 27, 2025
Buzbee Seeks Sanctions In Ex-Client's Fraud Suit
Amid his high-profile battles with music moguls Sean "Diddy" Combs and Shawn "Jay Z" Carter, Houston personal injury lawyer Tony Buzbee is seeking sanctions against the lawyers pursuing a separate fraud suit against him, saying they brought up unrelated accusations to harass Buzbee and damage his reputation.
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January 27, 2025
Fla. Judge Accused Of Bias In Energy Drink Co. Ch. 11
A Florida federal bankruptcy judge overseeing the Chapter 11 case of the company that makes Bang energy drinks was sued by its founder, who alleged the judge was biased throughout the proceedings and made several rulings that financially harmed him and the company.
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January 27, 2025
SCOTUSblog Publisher Pleads Not Guilty To Tax Crimes
U.S. Supreme Court advocate and SCOTUSblog co-founder Tom Goldstein pled not guilty in Maryland federal court on Monday to charges that he schemed to evade taxes and used funds from his boutique law firm to cover gambling debts.
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January 27, 2025
Widow Says Century Homebuilders' Atty Conspired To Move Assets
The widow of Sergio Pino, the late founder and CEO of Century Homebuilders Group LLC, has sued Century Homebuilders' attorney, accusing him of setting up fraudulent transfers of the company's assets during the Pinos' contentious divorce to keep her from getting her half of the company.
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January 27, 2025
Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row
A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.
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January 27, 2025
NJ Prosecutors Shielded From Contractors' Claims, Court Told
Ocean County, New Jersey, prosecutors urged a Garden State federal judge to toss a suit alleging they illegally targeted two contractors who were indicted for stealing customer funds over a business rivalry, arguing their prosecutorial acts are shielded from civil liability.
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January 27, 2025
Judge Tosses Bias Suit Over Deadlines, AI-Generated Filings
A D.C. federal judge has dismissed the remaining age-discrimination claim in a lawsuit filed by former D.C. Department of Public Works employees after the remaining plaintiff failed to comply with discovery deadlines and submitted filings with inaccurate citations, further raising concerns about the use of AI-generated content.
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January 27, 2025
Oklahoma Tribes Want In On DOJ's Jurisdiction Lawsuits
Three Native American tribes want to back the Department of Justice in its challenges to two Oklahoma district attorneys in an effort to stop them from prosecuting tribal citizens for crimes committed in Indian Country, arguing that the ongoing threat interferes with tribes' rights to enforce their own laws.
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January 27, 2025
Feds Want 10 Yrs. For Atty Over Attempted Embassy Bombing
Federal prosecutors are seeking a 10-year prison sentence for a former Florida defense attorney who pled guilty to blowing up a sculpture in Texas and trying to bomb the Chinese Embassy in Washington, D.C., citing the extreme harm he was trying to inflict.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Feds' Madigan Theory 'Doesn't Line Up,' His Atty Tells Jury
Counsel for former Illinois House Speaker Michael Madigan told an Illinois federal jury Friday that prosecutors attempting to convict him of racketeering have painted an "incomplete and misleading" picture of a crooked politician at trial, but have failed to meet their burden to prove he ever acted with corrupt intent or engaged in a "this for that" exchange for his official action.
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.