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Legal Ethics
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December 04, 2024
$4M Legal Mal Judgment Against Offit Kurman Erased
A judgment ordering Offit Kurman to pay more than $4 million in damages to Mitts Law LLC has been vacated by a Philadelphia judge after the firms recently reached a post-verdict settlement.
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December 04, 2024
NJ Atty Denies Harassment, Accuses Ex-Secretary Of Theft
A New Jersey lawyer who is facing a state court lawsuit brought by a former secretary accusing him of sexual harassment has denied the claims and alleged in a counterclaim that the ex-employee had converted property belonging to him and the law firm.
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December 04, 2024
NC Panel Reverses Prior Ruling Reviving Atty Meddling Claim
A split North Carolina appellate panel has walked back its ruling reviving a suit against a real estate attorney accused of helping meddle in a property ownership dispute, declaring after a second look that the claim against him doesn't actually exist under state law.
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December 03, 2024
Coinbase Says It Won't Use Firms That Hire Crypto Enforcers
Cryptocurrency exchange Coinbase made clear that it won't work with law firms that employ former U.S. Securities and Exchange Commission attorneys who led the charge on crypto enforcement suits, singling out Milbank LLP for its hiring of ex-SEC enforcement director Gurbir Grewal.
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December 03, 2024
Antitrust Judge Rips Apple's 'Meritless' Doc Privilege Claims
Apple fought uphill Tuesday to convince a California federal magistrate judge that it properly withheld 57,000 documents from Epic Games due to attorney-client privilege in their antitrust fight, with the judge eventually telling its lawyer, "I disagree with everything you're saying, and the fact you're making these meritless arguments causes me concern."
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December 03, 2024
Sanctions Stick Against Colorado Gear Seller And Its Attys
A Washington appellate court has upheld about $500,000 in sanctions against an equipment manufacturer and its former counsel, Sinars Slowikowski Tomaska LLP, for failing to disclose information in a dispute over a rock climber's fall at a Seattle gym — including a defense attorney's 38 visits to the accident site.
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December 03, 2024
Judge Mulls Whether DA Willis Must Comply With Subpoenas
A Fulton County judge on Tuesday considered whether a Georgia state Senate committee can force Fulton County District Attorney Fani Willis to testify or turn over records as part of its investigation into her prosecution of President-elect Donald Trump.
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December 03, 2024
Trump Argues Immunity Extends To Local Prosecutions
President-elect Donald Trump told the New York state judge presiding over his hush money case that the criminal charges and guilty verdict should be thrown out, arguing in an expansive motion released Tuesday that allowing a local prosecution to proceed would upset the republic's balance of power.
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December 03, 2024
Pastor Wants Judge DQ'd Over Attorney Turnover Comment
A Michigan pastor said Monday that a federal judge should be disqualified from overseeing his lawsuit alleging a township's zoning ordinance discriminates against religious entities because of a comment the judge made about the pastor having "issues" with attorney turnover.
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December 03, 2024
New Judges Include One Who Aided Puerto Rico Bondholders
The Senate on Tuesday confirmed two federal judges for Pennsylvania and one for the District of Columbia, who came under scrutiny during her confirmation hearing for her work at Jones Day.
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December 03, 2024
Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11
A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.
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December 03, 2024
Blank Rome Beats Subpoenas Seeking Attys' Comp Info
A Philadelphia federal judge on Tuesday tossed subpoenas that would have compelled Blank Rome LLP to share compensation information regarding three of its attorneys who are facing a malicious prosecution lawsuit, a day after the firm moved to quash the subpoenas.
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December 03, 2024
Tech Giants Seek Firm's Communications With Elusive Client
Apple and Amazon want Hagens Berman Sobol Shapiro LLP to turn over texts and emails with a client who disappeared from a putative class action against the tech giants, to determine whether the plaintiff consented to the case continuing in his absence.
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December 03, 2024
Alex Jones Atty Seeks Leniency Over Sandy Hook 'Mistake'
The lead attorney in Infowars host Alex Jones' $1.44 billion Connecticut defamation trial admits he "made a mistake" when he approved sending several Sandy Hook Elementary School victims' confidential records to other Jones attorneys, saying Tuesday he should receive either no discipline or a reprimand in a pared-down case.
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December 03, 2024
NJ Law Firm Fights Depo Sanctions In Crypto Scam Suit
New Jersey-based McCarthy & Soriero LLC has pushed back against a woman's contention in federal court that the firm "stonewalled" her efforts to depose its client in a lawsuit accusing him and his business of failing to prevent a roughly $200,000 cryptocurrency fraud, saying the client has been experiencing serious health issues.
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December 03, 2024
Thompson Coe Settles Defamation Suit From Former Firm Atty
Thompson Coe Cousins & Irons LLP has reached a settlement in a defamation lawsuit in Texas state court filed by a former firm attorney who was appealing its dismissal under the state's anti-SLAPP law, court records show.
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December 02, 2024
Girardi Won't Get New Fraud Trial Despite Memory Claims
A California federal judge on Monday denied Tom Girardi's bid for a new trial after a jury found he misappropriated $15 million worth of client settlement funds, standing by a prior assessment that the disbarred attorney was "exaggerating" symptoms of mild cognitive impairment.
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December 02, 2024
Government Mole Faces Tough Cross From Madigan's Atty
An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.
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December 02, 2024
Judge OKs Fla. Law Firm's $229K Fee In Chiquita MDL
A Florida federal judge on Monday approved a fee of more than $229,000 to a law firm for its work in reaching a settlement in the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries following a recommendation from a magistrate.
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December 02, 2024
Hagens Berman Sued For Slice Of Atty Fee From Effexor Deal
A pharmaceutical reseller's in-house counsel and founder lodged a breach of contract suit against Hagens Berman in Mississippi federal court, accusing the law firm of refusing to pay him his share of a $13 million attorney fees award stemming from an antitrust class settlement with Pfizer Inc. unit Wyeth.
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December 02, 2024
Lowenstein Sandler Seeks Judge DQ In Pot Dispensary Suit
Lowenstein Sandler LLP has asked an Essex County Superior Court judge to recuse himself over his social connections with the parties and counsel on the firm's $800,000 fee suit against a New Jersey cannabis dispensary
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December 02, 2024
New Jersey Panel Upholds $140K Legal Fee In Divorce Case
A New Jersey law firm is owed more than $140,000 in legal fees from a divorce action after it merged with the firm that originally handled the case, a state appellate panel ruled Monday.
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December 02, 2024
Ex-BigLaw Atty Who Killed Wife Faces Depo Over Settlement
Former Fisher Phillips partner Claud "Tex" McIver, who is serving a prison sentence for killing his wife, is set to be deposed as soon as Tuesday as part of the legal battle in Georgia state court over who is entitled to the settlement of the wrongful death suit brought by his wife's estate.
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December 02, 2024
FedEx Wants To Sanction 'Cavalier' Attys Behind OT Litigation
FedEx on Monday asked a Massachusetts federal judge to dismiss one of a handful of overtime lawsuits brought by drivers working for intermediate employers as a sanction to the lawyers for rushing to file the "ocean of claims" to harass it and drain its pockets through endless litigation.
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December 02, 2024
Couple Say Texas Law Firm Let Disbarred Atty Represent Them
A Texas couple say in a lawsuit filed in Harris County court that a Houston-area law firm allowed a disbarred attorney to represent them in a case against the seller of their home, alleging he botched the case and failed to prevent their eviction.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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High Court Injunction Case Could Shake Up Fee-Shifting Rules
In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.