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Legal Ethics
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November 05, 2024
Colo. Voters OK Overhaul Of Judicial Discipline Process
Colorado voters on Tuesday approved a series of constitutional changes aimed at limiting the state judiciary's influence over the judicial discipline process.
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November 05, 2024
'Fat Leonard' Gets 15 Years For Navy Bribery Scheme
Leonard Francis, the Malaysian defense contractor and ex-fugitive known as "Fat Leonard" who led a sprawling bribery scheme that authorities say caused over $20 million in losses for the U.S. Navy, was sentenced Tuesday in California federal court to 15 years behind bars, the U.S. Department of Justice said.
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November 05, 2024
Feds Say Girardi's Behavior At Trial Shows He Is Competent
Prosecutors told a California federal judge on Tuesday that Tom Girardi should not receive a new trial following his conviction for misappropriating $15 million in client settlement funds, saying the disbarred attorney's arguments that he was not competent to stand trial are completely undercut by his behavior during the trial.
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November 05, 2024
Father, Daughter Attys Ask To Avoid Prison For Tax Scheme
Father and daughter attorneys convicted of participating in a multimillion-dollar tax avoidance scheme asked a North Carolina federal court to spare them prison sentences, with the daughter saying her father should have protected her and the father highlighting his mental illness.
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November 05, 2024
Hagens Berman Defends Bid To Ditch AWOL Apple Suit Client
A Washington federal judge expressed skepticism on Tuesday that Hagens Berman Sobol Shapiro LLP was within its rights to substitute a proposed class representative in an antitrust case against Amazon and Apple earlier this year when the lead plaintiff stopped communicating with the firm.
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November 05, 2024
Paxton Seeks Sanctions In Immigration Nonprofit Row
The office of Texas Attorney General Ken Paxton has asked an El Paso federal judge to sanction an immigrant rights nonprofit, claiming that it resisted a civil investigation by making misrepresentations to the court.
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November 05, 2024
Connecticut High Court Will Hear Atty's Suspension Appeal
The Connecticut Supreme Court has agreed to hear an appeal of a personal injury and workers' compensation attorney's 90-day suspension for misconduct and consider whether he gave up his ability to argue that long delays in the proceedings violated his due process rights.
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November 05, 2024
Trustee Seeks Jackson Walker Docs In Judge Romance Probe
Arguing that the issue "presents a matter of national importance" with implications for the integrity of the judicial system, a U.S. bankruptcy trustee has urged a Texas federal court to force Jackson Walker LLP to turn over documents related to a former firm attorney's secret romance with a onetime judge.
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November 05, 2024
Lab Owner's Atty DQ'd After Repping Doctor In Fraud Inquiry
New Jersey prosecutors succeeded in disqualifying the lawyer for a lab owner accused of paying kickbacks to a New York City doctor in a $20.7 million fraud scheme because the attorney previously represented the doctor.
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November 05, 2024
Firm Alleges Damage From Holland & Knight's File Breach
Hitting back at arguments that it had suffered no harm as a result of an ex-Holland & Knight LLP attorney's alleged unauthorized accessing of a client's confidential files, a Philadelphia personal injury firm countered Monday that it had been saddled with litigation costs and increased cybersecurity insurance premiums.
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November 05, 2024
Fla. Agency's Election Fraud Power Needs Review, Court Told
A man accused of election fraud is asking the Florida Supreme Court to consider whether the Florida Office of Statewide Prosecution has the authority to pursue the claims against him.
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November 05, 2024
NJ Atty Must Face Malpractice Suit Over Real Estate Deal
A New Jersey state appeals court on Monday said a Clifton-based attorney must face part of a legal malpractice action over his handling of a real estate transaction.
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November 05, 2024
Georgia Atty Disbarred After Theft Conviction
A Waco, Georgia, attorney was disbarred Tuesday after he was convicted of "theft by conversion" for taking advantage of an elderly client.
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November 05, 2024
On Election Eve, Trump Fights Reviving Nixed Charges In Ga.
With voters set to decide on his bid to return to the White House, former President Donald Trump has urged a Georgia state appeals court to reject an attempt by the Fulton County District Attorney's Office to reinstate six criminal charges against him and five of his co-defendants in an election interference case.
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November 05, 2024
Fla. Judge Blames Lack Of Training In Fighting Ethics Charges
A Florida state judge facing ethics charges on allegations she improperly held people in contempt, acted unprofessionally and handcuffed a victim admitted Monday to making mistakes, but attributed many of those mistakes to a lack of training and experience.
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November 05, 2024
NC Justices' Ruling Invites Judicial Bias, Former Clerk Argues
A former county clerk of courts is trying to undo a recent North Carolina Supreme Court decision that she argues means that only one judge per county has authority to preside over court clerk removal petitions and that specified judges can't recuse themselves when there is a conflict.
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November 05, 2024
Ex-Fabiani Cohen Atty Fights To Preserve Discrimination Suit
A Black female insurance and construction law attorney is urging a Manhattan federal judge not to toss her suit against her former firm, Fabiani Cohen & Hall LLP, arguing that though she was an equity owner, she was still an employee who could bring claims.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Adams Loses Bid To Sanction Feds Over Alleged Leaks
A Manhattan federal judge Monday rejected New York City Mayor Eric Adams' bid to sanction the prosecutors handling his bribery and corruption case for allegedly leaking secret grand jury information to journalists, saying he hasn't shown the news articles contain protected information or that prosecutors were behind any leaks.
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November 04, 2024
Paralegal Loses ADA Suit Over Firm's Vax Status Disclosure
A Pennsylvania federal judge on Monday freed a personal injury firm from a former paralegal's claims that it unlawfully publicized her COVID-19 vaccination status, saying the paralegal herself made her vaccination status public when she opposed the vaccine outside the confines of an employer-initiated medical inquiry.
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November 04, 2024
Turkish Co. Asks To End Sanctions As Kyrgyzstan Settles Suit
Kyrgyzstan has agreed to a settlement deal that resolves a Turkish company's suit to confirm an $11.6 million arbitral award it won after being forcibly ejected from its hotel project in the capital city of Bishkek, the company has told a New York federal judge.
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November 04, 2024
Sanctions Lessened Against Testing Co. That 'Duped' Judge
A California federal judge Monday lessened sanctions imposed on Natera Inc. in a false advertising case first brought by rival Guardant Health Inc., allowing some clinical cancer study evidence to be presented at a trial starting Tuesday despite his earlier finding that Natera's expert and counsel had "duped" the court.
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November 04, 2024
Firm Says 3D Printer Biz Owes $7.2M For Patent Trial Win
Less than a year after obtaining a $17.3 million verdict from a Delaware federal jury in a patent case over 3D printing technology, one of the firms behind the win says its erstwhile client hasn't paid it over $7 million in legal fees.
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November 04, 2024
Ex-Dentons Atty Botched $54M Currency Deal, Jury Told
A Venezuelan lawyer blamed a former Dentons US LLP attorney Monday for a $54 million loss in a bolivar-to-dollars currency swap, telling a Miami jury that the attorney never communicated that the buyer of the bolivars had not agreed to deposit the U.S. dollars into escrow and instead proceeded with a doomed transaction.
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November 04, 2024
Hurricane Zeta MDL Judge Orders Mediation Amid DQ Battle
A Houston judge overseeing a multidistrict litigation created to handle claims from crew members who say they were injured while weathering Hurricane Zeta on a Transocean drilling rig ordered the parties to mediation Friday in the midst of a bitter disqualification battle between their feuding firms.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.