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Legal Ethics
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December 18, 2024
Lowenstein Sandler Dispensary Fee Suit Must Fail, Court Told
Lowenstein Sandler LLP sunk its own $766,000 breach of contract and unjust enrichment suit by failing to give proper notice prior to filing, a New Jersey cannabis dispensary told the state court, hitting back against the firm's claims that its complaint is a continuation of an "ancillary legal action" — a bankruptcy proceeding.
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December 18, 2024
Hagens Berman Says Apple, Amazon Doc Demand Is Off Base
Hagens Berman Sobol Shapiro LLP is firing back against Apple and Amazon's bid to force the turnover of texts and emails with a client who disappeared from a putative class action against the tech giants, calling the spat an opportunistic attack "based on a fiction."
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December 18, 2024
Greenberg Traurig Faces DQ Bid In NJ Cosmetics Spat
A New Jersey cosmetics company suing a former investor alleging breach of contract has asked a federal court to disqualify Greenberg Traurig LLP as defense counsel, telling the court that it previously consulted with the firm about suing the investor and gave away its "playbook" for the litigation.
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December 17, 2024
Lewis Brisbois Wins $543K In Fees In Name TM Spat In Texas
Lewis Brisbois Bisgaard & Smith LLP is entitled to $543,146.81 in fees after securing a $1.5 million judgment in a trademark lawsuit it prosecuted against the owners of a mediation business that took the BigLaw behemoth's name, a Texas federal judge said Tuesday.
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December 17, 2024
CORRECTED: Ineligible Calif. Securities Atty Accused Of Tax Crimes
A Southern California securities attorney currently ineligible to practice law has gone over five years without filing any personal federal income tax returns, the U.S. Department of Justice alleged in announcing a recently unsealed indictment against the lawyer on Tuesday.
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December 17, 2024
Tubi Says Keller Postman Kept Its Clients In The Dark
Most of the people named in now-dropped arbitration demands filed by Keller Postman LLC against streaming service Tubi didn't know what the claims were or even that the firm purported to represent them, Tubi has told a Washington, D.C., federal judge.
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December 17, 2024
PQA Wants Members' Identities Kept From VLSI, Public
Patent Quality Assurance LLC has disclosed its members to a Virginia federal court after initial resistance, but urged the judge to keep that information under seal, saying the company suing it would likely "harass and smear" its members.
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December 17, 2024
Mass. Judge Apologizes For Slamming Alito Over Flags
A Massachusetts federal judge has apologized for violating ethics rules when he publicly criticized U.S. Supreme Court Justice Samuel Alito in the wake of reports that two flags used by Donald Trump supporters to protest the 2020 election were flown outside Alito's houses.
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December 17, 2024
Biden Enacts Law Setting Exception To Some USPTO Fines
President Joe Biden signed a bill into law Tuesday that gives the U.S. Patent and Trademark Office the ability to waive fines for patent applicants who falsely claim they are entitled to fee reductions, if the error was made in good faith.
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December 17, 2024
Judge To Expedite Doc Decision In Atty's Voting Machine Case
A Michigan state judge said prosecutors' case against an attorney accused of illegally accessing a voting machine needs to keep moving forward, vowing Tuesday to rule quickly on a request for grand jury transcripts the attorney claims show the jury was misled about the charges.
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December 17, 2024
The Biggest Georgia Legal Developments Of 2024
From navigating bombshell prosecutor romance allegations in the Georgia election interference case against President-elect Donald Trump and his co-defendants to vacating a $1.7 billion verdict against Ford Motor Co. in a fatal "Super Duty" rollover case, to seeing the state's longest-running criminal trial to a close, 2024 was a busy year for courts in the Peach State.
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December 17, 2024
Apple Fights Epic's Atty Privilege Challenge Win Over Docs
Apple has asked a California federal judge to overturn a magistrate judge and allow it to withhold documents in a discovery spat with Epic Games, arguing Monday the documents in the antitrust case aren't simply business analyses but rather, reflect "'legal advice on a business decision,' which is protected."
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December 17, 2024
Perkins Coie Hit With DQ Bid In Face Recognition IP Dispute
Perkins Coie LLP's representation of tech company Jumio Corp. in a patent suit is a "betrayal," facial recognition technology firm FaceTec Inc. said in a motion seeking to disqualify the law firm from the California case because it had previously represented FaceTec in many matters, including the patent currently in dispute.
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December 17, 2024
Ex-Reed Smith Atty Seeks To Appeal NJ Bias Damages Limit
A former Reed Smith LLP labor and employment lawyer has told the New Jersey Appellate Division that a lower court was wrong to conclude that a pay discrimination law does not apply retroactively, limiting her potential damages against the firm in a bias lawsuit.
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December 17, 2024
NYC Mayor Must Face Bribery Charge For Turkish Travel Perks
A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.
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December 17, 2024
NC Legal Advice Law Challenge Meets Early Demise
A lawsuit by two paralegals and a nonprofit challenging North Carolina's ban on the unauthorized practice of law restricting who can offer legal advice has been cut short after a federal judge found the statute falls within a substantial state interest to protect its citizens.
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December 17, 2024
Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings
A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."
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December 17, 2024
Colo. Atty Accused Of Poaching Seeks State Justices' Take
It's time for Colorado's Supreme Court to weigh whether law firms may prohibit attorneys from soliciting co-workers to depart their firm together, a lawyer accused of soliciting BigLaw firms to poach her department from a Denver personal injury firm argued Monday, asserting the case is a matter of first impression.
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December 17, 2024
Ex-Tenn. Law Firm Manager Accused Of $1.2M Embezzlement
A Tennessee federal grand jury indicted the former office manager of a Memphis law firm on charges she embezzled more than $1.2 million from the firm to buy luxury goods and travel for herself and her relatives.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Menendez Prosecutors Say 'Chat Chains' Were Admitted In Error
Federal prosecutors in the government's case against former Sen. Bob Menendez on Monday notified the New York federal court of another evidentiary blunder, this time saying they mistakenly admitted "long chat chains" that included "small portions of material" that should've been excluded.
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December 16, 2024
Medical Facility Or Prison? Judge Mulls Tom Girardi's Fate
A California federal judge on Monday ordered federal prosecutors and Tom Girardi's defense counsel to make their case on whether the 85-year-old disbarred attorney should get lifetime confinement to a medical facility instead of prison for embezzling millions of dollars from clients, given his age and declining mental health.
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December 16, 2024
Alaska Plea Nixed Due To Ex-Judge's Sexts With Prosecutor
A visiting judge agreed Monday to overturn an Alaska guilty plea that was negotiated by a federal prosecutor who sent nude photographs to former U.S. District Judge Joshua Kindred, the latest fallout from the disgraced jurist's sexual misconduct scandal.
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December 16, 2024
NY Judge Denies Trump's 1st Immunity Dismissal Motion
The New York state judge overseeing President-elect Donald Trump's hush money case denied the first of his immunity-based dismissal motions on Monday, finding that the trial evidence in the criminal case was not tainted by "official acts" evidence from his first term in office.
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December 16, 2024
Boeing Says Records Loss Should Get 737 Max Suit Tossed
The Boeing Co. is asking a Washington federal court to throw out a suit from a defunct African airline over fallout from a 737 Max airplane deal, saying that the plaintiff airline's loss of records was intentional and warrants sanctions.
Expert Analysis
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.