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Legal Ethics
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November 19, 2024
'Blackballed' Bailiff Who Reported Jury Tampering Loses Suit
A Texas appeals court on Tuesday tossed a former courtroom bailiff's suit alleging Brazoria County "blackballed" him for reporting several instances of a clerk's jury tampering, saying the county had no control over the state-elected judge who stopped assigning him as a bailiff.
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November 19, 2024
Personal Injury Atty Buzbee Accused Of Assault, Malpractice
Tony Buzbee, a high-profile Texas personal injury lawyer known for representing women who have accused Sean "Diddy" Combs and Deshaun Watson of sexual abuse, was hit with a legal malpractice suit in New York state court Tuesday alleging that he assaulted a client seeking a divorce and deprived her of millions of dollars in settlement funds.
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November 19, 2024
Dentons Atty Owed No Duty In $54M Currency Swap, Jury Told
A Hunton Andrews Kurth LLP partner on Tuesday defended the actions of a former Dentons attorney in a failed $54 million bolivar-to-dollars currency swap, telling jurors that she did not owe a duty to the Venezuelan attorney suing her for malpractice because she never represented him as his attorney.
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November 19, 2024
Ga. Atty Gives Up Law License After Felony Charges
Georgia's justices accepted attorney Austin Jones' voluntary surrender of his law license on Tuesday, after he previously pled guilty in federal court to two felony charges of possession of child pornography.
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November 19, 2024
Ex-US Attorneys See Risks In Working Under Gaetz
Some prospective U.S. attorneys may think twice about joining the U.S. Department of Justice if Matt Gaetz ends up in charge, veterans of the position told Law360.
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November 19, 2024
Conn. Firm CEO's Wife Dropped From Ex-Partner's Suit
Connecticut lawyer Andrew P. Garza on Tuesday dropped attorney Allison M. McKeen, the wife of his former 50-50 law firm partner Ryan C. McKeen, from a lawsuit surrounding the breakup of Connecticut Trial Firm LLC, a high-dollar firm where all three once worked together.
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November 19, 2024
Feds Ordered To Delete Combs Notes From Raid, For Now
A Manhattan federal judge directed prosecutors Tuesday to temporarily delete potentially privileged notes recovered from the jail cell of Sean "Diddy" Combs pending briefing, after lawyers for the hip-hop mogul called the seizure "outrageous."
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November 19, 2024
Lying Lawyer Gets 2-Year Suspension From Ga. Justices
The Supreme Court of Georgia hit a repeat offender attorney with a two-year suspension Tuesday for lying to the state bar, opposing counsel and his clients, at times costing those he was representing even more money in sanctions and fees after losing their cases.
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November 19, 2024
Calif. Judges Get 'Road Map' For Recall, Election Comments
A California Supreme Court committee on Tuesday laid out a "road map" for judges to make comments during an election or recall with respect to decisions that come under fire, saying they must follow ethics rules with such remarks.
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November 19, 2024
J&J Wants Beasley Allen Atty Sanctioned For Depo No-Show
Johnson & Johnson's talc unit called on a Texas bankruptcy court to sanction a Beasley Allen Law Firm attorney for "unilaterally" deciding not to attend a scheduled deposition in the company's bankruptcy case.
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November 19, 2024
In 'Perplexing' Move, Ga. Appeals Court Cuts Trump Oral Args
Attorneys described the Georgia Court of Appeals' decision this week to cancel oral arguments over whether Fulton County District Attorney Fani Willis should be disqualified from the election interference case against former President Donald Trump and his co-defendants as "perplexing," saying it may be the result of Trump's recent reelection or simply having enough information already to make a decision.
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
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November 19, 2024
NY Judge Rejects Ozy Media CEO's DQ Bid Over Investments
U.S. District Judge Eric R. Komitee of New York's Eastern District on Tuesday refused to step aside from former Ozy Media CEO Carlos Watson's fraud and identity theft case, slamming as meritless Watson's effort to undo his convictions over the judge's financial investments.
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November 19, 2024
Former Georgia Judge's Law License Suspended After Ouster
After removing a Georgia Court of Appeals judge from the bench last year, the Georgia Supreme Court on Tuesday suspended his law license until August 2025 for taking advantage of an elderly client, calling it "an appropriate sanction in this case" in light of case law and the State Bar of Georgia's support of the suspension.
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November 19, 2024
Ex-NJ Prosecutor Seeks To Revive Claims Over Resignation
A former Garden State county prosecutor has asked a state court to rethink its dismissal of his claim that his resignation was involuntary, arguing the court only partially addressed one of the two legal theories raised.
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November 19, 2024
Poll Workers Fight Giuliani Attys' Bid To Exit Collection Cases
Two of Rudy Giuliani's attorneys doubled down Tuesday on their attempt to withdraw as counsel in the $148 million defamation case against him, saying in a redacted letter that the two Georgia poll workers hoping to stop their withdrawal are unaware of the facts that led up to the request.
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November 19, 2024
GMU Asks Court To Toss Ex-Prof's Suit Over Title IX Probe
George Mason University asked a court to throw out the remainder of former professor Joshua Wright's lawsuit over its investigation of a Title IX retaliation claim against him related to allegations of sexual misconduct, saying Monday that the school had already dismissed the claim by the time he filed his amended complaint.
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November 19, 2024
Colo. Atty Suspended Over Online Comments About Ex-Client
A Colorado attorney with a growing disciplinary history has been handed an 18-month suspension over misconduct in dealing with a client-turned-adversary, with the state's presiding disciplinary judge finding the lawyer knowingly misrepresented service against the ex-client, spoke to her directly about the case and posted case information publicly online.
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November 19, 2024
Law Firm Wants Out Of Ex-Paralegal's OT, Disability Suit
An Allentown, Pennsylvania, law firm is asking a federal judge to dismiss a former paralegal's claim that the firm fired her due to her panic disorder, arguing that among other things, the paralegal failed to prove she has a legitimate disability recognized by law.
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November 19, 2024
DA Says Trump Sentencing Could Be Delayed Until 2029
Manhattan prosecutors on Tuesday suggested that President-elect Donald Trump's criminal sentencing could be delayed until after he serves out his next term, but urged a judge not to throw out his conviction over an alleged hush money scheme.
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November 18, 2024
Diddy Calls DOJ's Possession Of His Notes 'Outrageous'
Sean "Diddy" Combs said Monday that federal prosecutors are in possession of privileged attorney-client materials, including his own written notes, which they're "actively" using to detain him ahead of his trial, a move the hip-hop mogul called "outrageous government conduct."
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November 18, 2024
'You Stepped Over The Line': Judge Rips Quinn Emanuel Atty
A California federal judge told a Quinn Emanuel partner defending Natera Inc. at trial Monday in Guardant Health Inc.'s false advertising case that she'd be sanctioned over her questioning of a Natera expert about Guardant's alleged damages, saying, "You stepped over the line, and you did it several times."
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November 18, 2024
Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says
The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.
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November 18, 2024
SEC Says Calif. Atty, His Wife Stole $2.2M To Buy House
The U.S. Securities and Exchange Commission on Monday accused a Los Angeles-area attorney of scheming to control publicly traded penny stock companies and then stealing $2.2 million from one of those companies to buy a home with his wife, according to a complaint filed in California federal court.
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November 18, 2024
Menendez Calls Trial Evidence Flub 'Deeply Troubling'
Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.
Expert Analysis
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Nev. Insurance Law May Mean Turmoil In Liability Market
Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.
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Lessons From High-Profile Witness Tampering Allegations
As demonstrated by recent developments in the cases against former President Donald Trump and FTX founder Sam Bankman-Fried, allegations of witness tampering can carry serious consequences — but attorneys can employ certain strategies to mitigate the risk that accusations arise, says Kenneth Notter at MoloLamken.
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Covington Ruling Strengthens SEC's Enforcement Powers
A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.
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'Blind Side' Family Case Is A Cautionary Tale For Attorneys
Former NFL player Michael Oher's recent allegations against Sean and Leigh Anne Tuohy that they never legally adopted him and tricked him into conservatorship — which paint a very different picture than the 2009 film "The Blind Side" — demonstrate the importance of attorney due diligence and safeguards against abuse of process, says Roland Weekley at Smith Gambrell.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Ethics Issues For Mainland Firms Involved In Maui Fire Suits
Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.