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Legal Ethics
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December 09, 2024
Avenatti Can't Push Resentencing To June In Client Theft Case
A California federal judge plans to resentence Michael Avenatti within the next few months rather than June as Avenatti requested, following the Ninth Circuit's decision vacating Avenatti's original 14-year prison term for client theft, remarking Monday he didn't think a hearing was necessary to reevaluate loss calculations and attorney fees.
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December 09, 2024
Xcel Can't Hide Evidence In Marshall Fire Suit, Attys Say
Attorneys representing more than 4,000 individuals suing Xcel Energy over a 2021 Colorado wildfire demand the utility release thousands of documents regarding the location of a power line that allegedly caused an ignition, claiming the information is being improperly withheld despite how critical it is to the case.
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December 09, 2024
Texas Firm Says Worker Stole Money For Family, 'Sugar Baby'
The owner of a Houston law firm accused his former office manager of lying to clients about having a law license and stealing more than $100,000 from firm accounts to pay for personal expenses that included furniture for his "sugar baby."
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December 09, 2024
Chicago Pol's Lies Enough To Keep Conviction, Feds Say
The government urged the U.S. Supreme Court not to disturb a former Chicago alderman's conviction for lying about money he'd borrowed from a since-shuttered bank, arguing his knowing understatements were enough to illegally mislead federal investigators.
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December 09, 2024
Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm
Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.
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December 09, 2024
2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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December 09, 2024
Seton Hall Whistleblower Case Confirmed For Hudson County
A New Jersey judge has officially transferred a whistleblower suit from Seton Hall University's former president against the school and some of its leaders to Hudson County, rejecting a bid from Seton Hall to keep the case in Essex County.
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December 09, 2024
Pullman & Comley Blames Tech CEO's Statements For Firing
The ousted leader of WorldQuant Predictive Technologies LLC lost $6 million in company stock because he was legitimately fired for lying during a company probe into a lead salesperson's termination and not because of an alleged legal ethics gaffe, Connecticut law firm Pullman & Comley told a judge on Monday.
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December 09, 2024
Kline & Specter Wants Ex-Attorney's Suit In Arbitration
Kline & Specter PC is seeking to send to arbitration a breach of contract lawsuit filed in Philadelphia court by a former firm attorney, saying their employment agreement expressly gives the firm the right to move the complaint into arbitration.
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December 09, 2024
Litigation Funding Firms Escape Hurricane Ad Suit
Two litigation funders have succeeded in exiting a proposed class action alleging a law firm deceptively advertised to hurricane victims, with a Houston federal court adopting a magistrate judge's recommendation to toss claims for a lack of plausible allegations.
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December 06, 2024
Justices To Consider Easing Rules On Revising Habeas Petitions
The U.S. Supreme Court on Friday agreed to hear a case that could make it easier for prisoners to amend their habeas corpus petitions, brought by a man who claims his drunken attorney never pointed out that key evidence in his child pornography trial was marked as "not child porn" by investigators.
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December 06, 2024
11th Circ. Finds Last-Minute Evidence Was Correctly Barred
The Eleventh Circuit ruled Friday that a lower court did not err when it prevented the defense in a criminal trial over drug charges to play video evidence for the first time during closing arguments, saying the last-minute maneuver would have prevented the government from examining a witness about it.
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December 06, 2024
Ga. Poll Workers Want 'Severe' Sanctions Against Giuliani
The two former Georgia election workers who won a $148 million defamation verdict against Rudy Giuliani have asked a federal judge to hold the former Donald Trump attorney in civil contempt and impose "severe" sanctions for his "willful flouting" and "blatant disregard" of court orders.
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December 06, 2024
House Poised To Take Up JUDGES Act As Some Dems Balk
A bipartisan bill to create more federal judgeships to meet increasing caseloads is on the House's schedule for next week, but its support from some Democrats appears to be waning.
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December 06, 2024
Patent Litigation Funders 'Fleeing' Del. Court, Study Says
Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.
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December 06, 2024
NY Judge Sanctioned For Ex Parte Convo In Divorce Case
A second state court judge has been sanctioned in an ethics flap over improper out-of-court communications in a contested divorce case involving a law firm run by a friend of his, the New York State Commission on Judicial Conduct announced this week.
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December 06, 2024
Ex-City Officials In California Cop To Cannabis Permit Bribes
Two former officials of Los Angeles County cities have pled guilty to bribing another local politician in an attempt to influence his votes for cannabis dispensary permits.
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December 06, 2024
Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit
An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.
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December 06, 2024
Wash. Judge Rips Attys' 'Expletive-Laden' Calls, 'Petty' Fights
A federal judge in Washington state this week scolded counsel for both parties in a lawsuit against State Farm Fire & Casualty Company, stating that their barbs in briefs and arguments, expletive-laden phone calls and other behavior will no longer be tolerated.
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December 06, 2024
Mandelbaum Barrett Beats DQ Bid Appeal In Pharmacy Fight
Mandelbaum Barrett PC defeated a disqualification motion Friday in a pharmacy ownership dispute, with a New Jersey state appeals court ruling that a former Mandelbaum Barrett attorney's previous work for the pharmacies was not relevant to the current case.
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December 06, 2024
Fox Rothschild Can't Escape Malpractice Suit Over Land Row
A New Jersey judge on Friday denied Fox Rothschild LLP's bid to exit a malpractice suit in which two sisters alleged that a lawyer now at the firm bungled a 1984 property deed and 1993 trust belonging to their late stepfather, depriving them of a lucrative land parcel, reasoning that disputed facts keep the suit alive.
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December 06, 2024
Firm Can't Strike Settlement Talks From Ex-Receptionist's Suit
Arizona-based personal injury firm Rafi Law Group PLLC's counterclaim against a former receptionist and its motion to strike a portion of her retaliation complaint have both been rejected by a federal judge who said the firm did not sufficiently support its motions.
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December 06, 2024
Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit
The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a sanction for filing what the circuit court said was a "nuisance" patent infringement lawsuit against a rival manufacturer.
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December 06, 2024
Conn. Panel Pares $150M From $1.44B Alex Jones Verdict
The Connecticut Appellate Court on Friday sliced $150 million from a $1.44 billion trial court judgment against Infowars host Alex Jones over his claims that the Sandy Hook shooting was a hoax, holding the state's consumer protection laws did not allow the massacre's survivors to recover for alleged harms connected to Jones' ancillary product sales.
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December 05, 2024
Judge Newman Brings Fight To End Her Suspension To DC Circ.
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution.
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.