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Legal Ethics
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June 05, 2024
Houston Law Firm Can't Arbitrate 'Excessive' Fees Claims
A homeowners' association can proceed with its lawsuit against Vethan Law Firm PC in a Texas state court over allegedly "needless and excessive fees" because the firm failed to prove the existence of an arbitration agreement, a Texas state appellate court has ruled.
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June 05, 2024
AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo
An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.
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June 05, 2024
Texas Atty Accuses Ex-Partner Of 'Unilaterally Doubling' Comp
A Houston-area attorney is suing Bergquist Law Firm PLLC and its owner for nearly $7 million for "unrelenting" violations of their partnership agreement and fiduciary duties.
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June 05, 2024
Black Jurors Wrongly Excluded From Fla. Trial, 11th Circ. Told
A Florida attorney on Wednesday urged an Eleventh Circuit panel to revive his federal complaint against the city of Orlando, saying the wrong statute of limitations standard was used to dismiss a lawsuit alleging his civil rights were violated when opposing lawyers had Black jurors removed from his personal injury trial against the city.
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June 05, 2024
Donziger Deserves Pardon, Enviro Groups Tell Biden
A group of environmental and human rights groups are calling on President Joe Biden to pardon disbarred environmental lawyer Steven Donziger for his criminal contempt conviction in litigation brought by Chevron over his role in securing a $9.5 billion environmental judgment in Ecuador.
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June 05, 2024
Ex-Skadden Atty, Credit Suisse Beat TransPerfect's Fraud Suit
A Delaware federal judge has tossed TransPerfect Holdings LLC's lawsuit alleging that misrepresentations by a now-retired Skadden Arps Slate Meagher & Flom LLP partner and Credit Suisse Securities (USA) LLC led it to pay too much for language translation company TransPerfect Global Inc., finding that claims are time-barred.
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June 05, 2024
LegalZoom Hit With Unlawful Law Practice Suit In NJ
LegalZoom has been hit with a proposed class action in New Jersey state court alleging it has engaged in the unauthorized practice of law in the Garden State.
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June 05, 2024
Atty Retaliation Claim 'Self-Serving Spin,' Major Lindsey Says
Legal recruiter Major Lindsey & Africa has asked a Maryland federal judge to toss an associate's claim that she was retaliated against after suing Troutman Pepper for racial discrimination, arguing that the absence of a contract between the parties dooms her claim, and that she failed to show that the recruiter "acted with a retaliatory motive or intent."
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June 05, 2024
Santa Barbara Gets Bulk Of Pot Farm Raid Suit Tossed
A California federal judge has thrown out the bulk of a cannabis farmer's suit alleging that members of the Santa Barbara County Sheriff's Office illegally raided his farm and destroyed his property, leaving only a judicial deception claim to go forward.
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June 05, 2024
NY Gov. Denies Cop-Shoving Judge New Term
A Buffalo judge censured for brawling with neighbors, shoving a police officer and bragging about his ties to power was denied a second term by New York Gov. Kathy Hochul, who took the unusual step of rejecting the judge's request for reappointment.
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June 04, 2024
Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici
Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.
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June 04, 2024
Trump Wants Gag Orders Terminated In Wake Of Guilty Verdict
Donald Trump asked a New York County judge to terminate gag orders restricting the former president from making out-of-court statements during his criminal trial, arguing that the "restrictions" on his First Amendment rights are no longer warranted now that the trial has come to an end.
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June 04, 2024
Atty's Argentine Uber Debut Fight Lands At Calif. High Court
Barring fraudulent concealment claims under the so-called economic loss doctrine would create "perverse incentives" for people to draw others into contracts and "have their way with them," the California Supreme Court was told Tuesday by counsel for an Argentinian attorney suing Uber on allegations it hid crucial information from him.
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June 04, 2024
Judge Skeptical School Mask Opponent Can Duck Sanctions
A Washington state appellate judge appeared doubtful Monday that $30,000 in sanctions for a man and his attorneys were unwarranted, after a trial court judge found his school board recall petitions were meant to bully board members into flouting a state COVID-19 mask mandate.
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June 04, 2024
Removal Of Poaching Suit Backed By Congress, Atty Argues
A former associate of a Houston personal injury firm accused of stealing client files and recording hours of private conversations told the Fifth Circuit on Tuesday that Congress provides "the luxury of a bright-line rule" that allowed him to remove the firm's state court case against him to federal court after he filed a motion to dismiss.
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June 04, 2024
Chief Justice's Leadership Is Falling Short, Schumer Says
Senate Majority Leader Chuck Schumer on Tuesday criticized U.S. Supreme Court Chief Justice John Roberts for what he sees as lackluster efforts to address ethical impropriety among high court members.
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June 04, 2024
J&J Owes $260M To Ore. Talc Mesothelioma Patient, Jury Says
An Oregon state jury has ruled that Johnson & Johnson owes $260 million to a woman who said she developed mesothelioma from breathing in asbestos during daily talcum powder use.
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June 04, 2024
Franchise Co. Faces Sanctions For 'Frivolous' 7th Circ. Appeal
The Seventh Circuit has upheld a district court's order that restaurant franchise company Sun Holdings Inc. must pay insurer American Zurich a roughly $1.1 million arbitration award plus interest and attorney fees in a dispute over a workers' compensation policy, and ordered Sun Holdings to show cause for why further sanctions aren't warranted for a "frivolous appeal."
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June 04, 2024
Northrop Fights Retirees' 9th Circ. Bid For New Judge
Northrop Grumman has asked the Ninth Circuit to keep a proposed ERISA class action in U.S. District Judge Otis D. Wright II's courtroom, arguing it would be inappropriate to accept the retirees' bid to move the case before a different judge after two appellate court panels overturned Judge Wright's previous dismissals in the matter.
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June 04, 2024
Tax Law Firm Can't Kick Ex-Clients' Class Suit To Arbitration
Former clients of a Florida-based tax law firm who live in Wisconsin can move forward with their proposed class action accusing the firm of malpractice and charging illegal fees, a Wisconsin federal judge ruled Tuesday, rejecting the firm's requests to toss the suit or move it to arbitration.
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June 04, 2024
Netflix Settles Central Park 5 Defamation Case Ahead Of Trial
Netflix has settled a lawsuit alleging one of its docuseries defamed a Manhattan prosecutor who was involved in the Central Park Five case, agreeing Tuesday to donate $1 million to a nonprofit dedicated to preventing wrongful convictions.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
County Says Exec Can't Pin Firing On Lawyer Bashing
A fired county executive's letter calling the county's legal counsel incompetent was sent as part of his official job duties, a Michigan county said Monday, arguing that the comments were not protected speech and can't give rise to a retaliation claim.
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June 04, 2024
Jury Still Deadlocked Over Carhartt Atty's Embezzlement Trial
A Detroit-area jury remained deadlocked Tuesday as it deliberated for the second day on embezzlement charges against a Michigan attorney who is accused of stealing millions from Carhartt heiress Gretchen Valade when he was trustee of her irrevocable trust.
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June 04, 2024
Clinton Says Dismissal Of Trump's RICO Suit Was Warranted
Hillary Clinton and members of the Democratic National Committee urged the Eleventh Circuit not to revive Donald Trump's suit alleging they conspired to push false claims of Russian election interference in 2016, arguing that the dismissal and resulting sanctions for pursuing the frivolous suit should be kept in place.
Expert Analysis
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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New Health Data Compliance Considerations For Pa. Lawyers
Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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Indemnification In Exec Separation Deals: Read The Fine Print
The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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The Crucial Privilege Exception At Play In Trump Indictment
Following Donald Trump’s recent indictment for retaining classified documents, Hilary Gerzhoy at HWG explains how his attorney’s notes of their conversations became admissible in the case, what it means for the attorney's representation of Trump, and what obligations lawyers have in similar circumstances.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.