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Legal Ethics
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January 13, 2025
Proskauer Faces Revived DQ Bid In NJ Hospital Antitrust Fight
CarePoint Health is once again pushing to have Proskauer Rose LLP disqualified as counsel for healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit in New Jersey federal court, asserting that a magistrate judge erred in previously denying its request.
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January 13, 2025
Smith Gambrell Faces DQ Bid In Major Lindsey Suit
A former Major Lindsey & Africa employee with a lengthy legal history with the recruiter is seeking to disqualify Smith Gambrell from representing Major Lindsey in her $75 million federal defamation suit, arguing three attorneys are key witnesses to help determine liability.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
Colorado Conduct Panel Dings Judges For Disclosure Lapses
A Colorado judicial commission on Friday criticized 48 judges for failing to file state-mandated personal financial disclosure reports in 2023, saying the lapses "cast a shadow" over the state's judiciary but did not warrant public discipline because no judges were dishonest or improperly secretive.
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January 10, 2025
MSG Wants Ex-Knick's Assault Case Booted Over Lost Texts
Madison Square Garden told a federal judge Thursday that longtime New York Knick Charles Oakley deserves to have his long-running assault case thrown out and his lawyers sanctioned because he allegedly discarded text messages, a day after Oakley's own spoliation claim.
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January 10, 2025
Disbarred Atty Hit With Third Judgment For Ghosting Client
A Colorado state judge on Friday ordered a disbarred attorney to pay $650,000 in damages to a former client after he failed to appear in a legal malpractice suit, in the third default judgment against the former lawyer for missing key deadlines and failing to respond to clients.
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January 10, 2025
Feds Want 16 Mos. For Oath Keepers' Atty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group should be sentenced to 16 months in prison for her participation in the Jan. 6, 2021, attack on the U.S. Capitol, prosecutors have told a D.C. federal judge, saying her conduct and lack of remorse warrants a significant sentence.
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January 10, 2025
SafeMoon CEO Wants 'Misleading' Reddit Post Explained
The CEO of bankrupt cryptocurrency asset company SafeMoon LLC asked a Brooklyn federal judge Friday to order the government to explain whether it had a role in a social media user's "misleading" post that promised to connect SafeMoon investors with the U.S. government.
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January 10, 2025
Abbott Taps Military Vets For Judicial Conduct Commission
Texas Gov. Greg Abbott on Friday announced two new appointments to the state's 13-member Commission on Judicial Conduct, an unpaid board that investigates claims of judicial misconduct and incapacity and recommends discipline for judges found to have committed wrongdoing.
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January 10, 2025
Fani Willis Seeks Return To Trump Election Interference Case
Fulton County District Attorney Fani T. Willis has asked the Georgia Supreme Court to reinstate her in the election interference case against President-elect Donald Trump, arguing she was the first Georgia DA to be ejected from a case "without the existence of an actual conflict of interest."
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January 10, 2025
NJ Watchdog's New Chief Resigns Amid Residence Questions
The new chief executive of the New Jersey State Commission of Investigation resigned Friday after questions were raised in a news report about her residency and a second full-time job she holds out of state.
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January 10, 2025
Giuliani Held In Contempt Again, This Time In DC
A D.C. federal judge Friday held Rudy Giuliani in contempt for continuing to repeat false claims that two Georgia poll workers meddled with the outcome of the 2020 presidential election, marking the second time in a week the former New York City mayor has been found in civil contempt.
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January 10, 2025
Holland & Knight Balks At 'Tactical' DQ Bid In Benefits Fight
Holland & Knight LLP urged a Georgia federal court to reject a "purely tactical move" seeking to disqualify the law firm from representing doctors accusing its former client, Polaris Spine and Neurosurgery PC, of botching the distribution of their retirement benefits, arguing its prior representation of Polaris isn't related to the suit.
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January 10, 2025
J&J Talc Claimants Seek Sanctions Over Morelli No-Show
A group of attorneys representing talc claimants in Johnson & Johnson unit Red River Talc's Chapter 11 case has urged a Texas bankruptcy judge to sanction Morelli Law Firm PLLC's founding partner, Benedict Morelli, for allegedly failing to appear in person at a December hearing and falsely claiming to have resolved a dispute with the talc group.
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January 10, 2025
Ex-Yale Student's Suit Over Amici Remarks Is Tossed
A Connecticut state court judge has dismissed claims brought by an expelled Yale University student against a Michigan law firm, an attorney and numerous nonprofit organizations over a rejected amicus brief that contained remarks about a sexual assault case that ended in his acquittal, finding that the litigation privilege shields all 16 defendants.
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January 10, 2025
11th Circ. Backtracks, Ends Ousted Fla. Atty's DeSantis Suit
Suspended Florida prosecutor Andrew Warren's yearslong legal battle against Gov. Ron DeSantis has all but come to an end after the Eleventh Circuit on Friday vacated a previous opinion and called the case moot after Warren's term in office expired.
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January 10, 2025
Wright Must Detail $108M Damages Claim Against Accusers
Joshua Wright, a former commissioner of the Federal Trade Commission, must reappear for a deposition to answer previously unanswered questions posed by two women he's suing for defamation on the details of his $108 million damages claim against them, a Virginia judge ruled Friday.
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January 10, 2025
Lawyer Seeks New Trial Against Blank Rome Attorneys
A lawyer who lost her malicious-litigation case against Blank Rome LLP attorneys and an aviation company in Philadelphia last month has moved for a new trial in Pennsylvania federal court, citing what she called "numerous errors committed by the district court" in her first trial.
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January 10, 2025
Trump Avoids Jail As Judge Points To Presidential Status
A New York state judge on Friday spared President-elect Donald Trump any incarceration for his 34-count felony hush money conviction, citing the changed legal landscape, which affords the chief executive with "extraordinary legal protections."
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January 09, 2025
Alec Baldwin Sues New Mexico Prosecutors For Rust Charges
Actor-producer Alec Baldwin on Thursday accused the Santa Fe, New Mexico, district attorney, two special prosecutors and other local officials of mishandling evidence, defaming him and maliciously abusing the judicial process in their unsuccessful pursuit of charges against him in the wake of the fatal shooting on the "Rust" set.
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
Vape Laptop Hacking Suit Belongs In Court, Co. Says
A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.
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January 09, 2025
Law Firm Cleared, Murdaugh Pal Liable In Insurance Trial
A federal jury in South Carolina has found that a lawyer tied to Alex Murdaugh owes insurer Nautilus over $1 million for a role in an insurance fraud that was perpetrated when Murdaugh's housekeeper died, while a law firm was cleared of liability.
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January 09, 2025
Tribe's Atty Looks To Ax Remaining Claims In $14.6M Suit
An attorney who has represented the Modoc Tribe of Oklahoma as general counsel has asked a federal judge in a $14.6 million racketeering and breach of contract dispute against a computer management company to toss the case or pause it pending a circuit court appeal.
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January 09, 2025
Pharma Co. Says Ex-CEO's Bias Allegations Come Up Short
Canadian biopharmaceutical company FSD Pharma Inc. is urging the Third Circuit to affirm the enforcement of a $2 million arbitral award against its ex-CEO, arguing Wednesday that the former executive's allegations of bias against the arbitrator have already been rejected.
Expert Analysis
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Alleged $636M Deal Error Highlights Ethics Considerations
Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Alleged $636M Deal Error Shows Value Of Old-School Methods
Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.