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Legal Ethics
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August 09, 2024
Trump Again Appeals Merchan's Gag Order To NY High Court
Former President Donald Trump is again seeking dismissal of a gag order in his criminal hush money case barring him from threatening court and district attorney staff, telling New York's highest court on Thursday that he disagreed with "each and every part" of a recent intermediate appellate court ruling that found threats remained imminent.
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August 09, 2024
Judge Slams Justices For 'Eschewing' History In Trump Case
The U.S. Supreme Court spurned historical analysis and "fundamentally" changed the presidency when it granted Donald Trump broad criminal immunity from federal charges that he interfered with the 2020 presidential election while in office, a Massachusetts federal judge wrote in a ruling Friday that ended an ex-public defender's sexual harassment lawsuit.
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August 09, 2024
Vidal Can't Be Used Against Ex-Client At PTAB, Fed. Circ. Says
The Federal Circuit said Friday that the initial involvement of U.S. Patent and Trademark Office Director Kathi Vidal in a handful of patent challenges during her private practice days at Winston & Strawn LLP isn't enough to prevent the patent board from ever deciding on those petitions.
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August 09, 2024
Wood's Ex-Partner Says Social Posts Threatened His Family
One of three attorneys accusing their former law partner, controversial ex-attorney L. Lin Wood, of defamation took the stand Friday, telling a Georgia federal jury that a payment demand they sent Wood after his firm's dissolution wasn't extortion but was instead an attempt to protect themselves and their families.
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August 09, 2024
Morgan Law Group Can't Escape Ex-Law Partners' Spat
The Morgan Law Group PA can't escape a $20 million dispute between former law partners after a Florida state judge ruled Friday that all but one of the claims against the firm, which now employs one of the partners involved, can proceed.
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August 09, 2024
Vidal's Sanctions Make It Clear: Don't Mess With The PTAB
The Patent Trial and Appeal Board has only faced a handful of instances where sanctions took center stage, but the U.S. Patent and Trademark Office director's rulings have made attorneys increasingly aware that pushing ethical boundaries at the board could put their cases and their careers at risk.
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August 09, 2024
NJ Paralegal Resolves Suit Over Firing After Broken Foot
A former paralegal for the Law Offices of Geoffrey D. Mueller LLC has resolved her lawsuit against the Westwood, New Jersey, office after accusing it last year of firing her in violation of state anti-discrimination law after she asked for a leave of absence to recover from a broken foot, according to a notice of settlement filed in Bergen County Superior Court.
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August 09, 2024
Judge Nixes Ex-Defender's Bias Suit, But Calls For Reform
A former public defender in North Carolina failed to show how her equal protection and due process rights were violated during an allegedly botched internal investigation of her sexual harassment claim, a federal judge ruled Friday in a candid opinion that nevertheless called out what he described as a "flawed" dispute resolution process for judiciary employees.
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August 09, 2024
Eckert Seamans Sued Over New Jersey Condo Development
Eckert Seamans Cherin & Mellott LLC simultaneously represented a real estate development company and two of its former managers, and also improperly took compensation for its work before company debts were satisfied, according to a legal malpractice lawsuit filed this week in New Jersey state court.
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August 09, 2024
DOJ, Watchdog Agree To End Dispute Over Justices' Travel Docs
The U.S. Department of Justice and judicial watchdog group Fix the Court said in a Friday filing that they have agreed to dismiss a complaint accusing the department of failing to deliver on requests for reports about travel by U.S. Supreme Court justices.
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August 09, 2024
Cordell & Cordell Can't Escape Ex-Paralegal's Discrimination Suit
A Kansas federal judge ruled Friday that Cordell & Cordell PC must face claims in a discrimination suit brought by a former paralegal at the firm, including an assertion she was fired in retaliation for reporting mistreatment and sexual harassment.
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August 09, 2024
Ex-DOJ Atty Clark Appeals After Suspension Recommendation
Former U.S. Department of Justice official Jeffrey Clark has asked the D.C. Court of Appeals to review orders from his disciplinary case after an ethics committee recommended he face suspension, arguing new precedent set in Trump v. United States grants him immunity, though disciplinary counsel said the appeal was improper.
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August 09, 2024
Ex-Boston U Law Instructor Sues Over Course Materials
A former Boston University Law School instructor has sued the university, accusing it of copyright infringement through use of course materials he developed, in violation of a prior settlement agreement.
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August 08, 2024
Investors, Banks Pitch Next Steps In Saved Bond-Rigging Suit
Investors accusing major banks of conspiring to rig corporate bonds have told a New York federal court they want to file a new complaint after the Second Circuit revived the suit last month over a potential conflict with the previous judge, while the defendants say this would take the case "back to square one."
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August 08, 2024
Mass. Atty, 2 Others Settle SEC Insider Trading Claims
A Massachusetts business lawyer, his friend and his friend's father have agreed to collectively pay more than $230,000 to settle the U.S. Securities and Exchange Commission's allegations they used intel to trade ahead of an announcement made by the biotechnology company Frequency Therapeutics Inc., the SEC said Thursday.
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August 08, 2024
Posner's Ex-Staffer Blasts 'Judicial Thuggery' In DQ Bid
The so-called pro se litigation expert suing retired Seventh Circuit Judge Richard Posner for $170,000 argued Wednesday that the magistrate judge handling the parties' discovery should be removed from the case because he has proven to be biased in Posner's favor.
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August 08, 2024
Ex-Girardi Keese Atty Tearfully Recalls Withheld Client Funds
A former Girardi Keese attorney shed tears Thursday as she testified in Tom Girardi's California federal criminal trial, recalling that she became increasingly confused over several months about why he did not issue a settlement check to her client, saying his excuses for withholding the money made no sense.
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August 08, 2024
Judge Cites 'Evasive Tactics' In Axing Suit For Lost Evidence
An Illinois federal judge agreed Wednesday to permanently toss a former Chicago Transit Authority employee's retaliation suit and order him and his lawyer to split more than $75,000 in fees and costs for spoiling electronic phone evidence relevant to his case.
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August 08, 2024
Maynard Nexsen Says No DQ Needed In Contractor Bias Case
A former engineer suing defense contractor Parsons Corp. for discrimination pushed back Thursday against the company's bid to disqualify his counsel, Maynard Nexsen PC, for allegedly representing both parties at the same time, saying the firm did not actually represent Parsons.
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August 08, 2024
Mich. Judicial Watchdog Counsel Fight To Save Ethics Probe
Disciplinary counsel claiming a Michigan state judge lied under oath about her account of another judge's alleged misconduct urged the state's judicial watchdog not to toss an ethics complaint, saying the master who recommended the case be dismissed disregarded key evidence.
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August 08, 2024
Valve Says 'Enough Is Enough,' Seeks Patent Suit Sanctions
Video game maker and online game store operator Valve Corp. urged a Texas federal judge to punish a Texas company that Valve called a "patent troll" in its sanctions motion for allegedly re-arguing "frivolous" legal theories and purposely taking its barcode patent infringement suit to an allegedly improper venue.
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August 08, 2024
Wash. Firm, Atty Say Rehashed $20M Con Claims Can't Stick
A Washington attorney and her former law firm have urged a Washington judge to toss a lawsuit alleging they were part of a scheme to con an asset management company out of $20 million, arguing that they were following instructions as escrow agents making sure funds were disbursed.
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August 08, 2024
Cooley Hit With Fla. Malpractice Suit Over Financial Docs
Genetic Networks LLC has sued California-based Cooley LLP in Florida state court, alleging the law firm failed to file documentation needed to secure a lien when preparing loan papers for $1.2 million lent to ECI Pharmaceuticals.
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August 08, 2024
Fla. Judge Dismisses Sex Abuse Suit, Blaming Lies By Atty
A Florida state judge has thrown out a suit by a Palm Beach real estate developer's daughter who alleges her father sexually abused her, ruling that her attorney's misrepresentations about an expert and why he withdrew from the case are fraud against the court.
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August 08, 2024
Judge Won't Fully Seal Atty's Trial Transcript In Contempt Bid
A group of families that secured a $42 million settlement against a North Carolina county over coercive child custody agreements can't have state trial transcripts sealed that allegedly reveal how much money certain minors got — at least not in their entirety, a federal judge has ruled.
Expert Analysis
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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.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.