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Legal Ethics
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December 16, 2024
Battle Over Atty Speech Raises First Amendment Concerns
An attorney is challenging a local rule used to gag him in the Middle District of Tennessee, saying it goes too far in restricting lawyers from speaking to the press about their cases.
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December 16, 2024
Lin Wood Must Pay $2M To Ga. Court After Defamation Verdict
Embattled former attorney Lin Wood will have to hand over $2 million to a Georgia federal court and must ensure that property offered as collateral is accessible and maintained while he appeals a $4.5 million defamation award against him, a federal judge ruled Monday.
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December 16, 2024
Va. Commonwealth's Atty Wants Sanctions In FMLA Dispute
A Virginia commonwealth's attorney urged a federal court Monday to slap sanctions on a former assistant attorney who filed suit after he was fired for requesting time off to care for his mother, saying his failure to respond to discovery requests merits punishment.
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December 16, 2024
Firm Tells Colo. Justices To Ignore Ex-Atty's Poaching Petition
A petition to have the Colorado Supreme Court review a decision upholding a verdict against an attorney accused of soliciting BigLaw firms to poach her department at a personal injury firm must fail, her ex-firm told the high court, as it presents "no novel or complicating issue."
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December 16, 2024
3rd Circ. Nominee Decries 'Broken' Confirmation Process
Adeel Mangi, the nominee for the Third Circuit who would have been the first federal Muslim appellate judge if confirmed, sent a letter to President Joe Biden on Monday saying the selection process for federal judges is "broken."
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December 13, 2024
Calif. Fed. Judge Sued Over Fight That Broke Out At Party
A California federal judge and his wife have been accused of hosting a party that was attended by high school students, involved "significant underage drinking" and ended in a fight in front of their Pasadena home, according to a suit filed Thursday in California state court.
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December 13, 2024
Apple Can't Drag Out Privilege Claims Re-Review, Judge Says
A California federal magistrate judge on Friday rejected Apple's argument that Apple and Epic Games should agree on a document-review protocol before Apple re-reviews 57,000 documents it claims are attorney-client privileged in their antitrust fight, telling Apple's counsel such a process would likely drag out litigation without being useful.
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December 13, 2024
Ill. Atty Likened Court To Nazi Germany, Faces Disbarment
A hearing board of Illinois' attorney watchdog recommended Thursday that a recently suspended attorney now be disbarred for lying about a judge in her objection to the earlier discipline and for "shockingly unprofessional conduct" that included calling the board's chair an idiot and sending photos with her middle fingers extended.
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December 13, 2024
Prindle Goetz Says Attys Took Trade Secrets To Rival Firm
Prindle Goetz Barnes & Reinholtz LLP sued two former nonequity partners in California state court Thursday, accusing them of taking its confidential billing, compensation and client listing information with them in late 2022 before jumping to a rival law firm launched by a former equity owner at the law firm.
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December 13, 2024
Liner Co. Seeks PTAB Sanctions For Alleged False Testimony
After receiving the Patent Trial and Appeal Board's green light Friday, Omega Liner Co. quickly requested sanctions against German packaging company Buergofol GmbH, whose liner patent Omega is challenging, accusing Buergofol's counsel of knowingly submitting false testimony to the board.
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December 13, 2024
New Evidence Allows Doctor's Questioning In Zeta DQ Bid
Transocean's attorneys will now have the chance to question a doctor at the center of a rival law firm's disqualification bid, after a Houston judge told the parties Friday that she received evidence from the crew member plaintiffs that "significantly changes" the issue.
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December 13, 2024
Virginia Judge Will Rethink Atty Award Amount In Bowling Suit
A Virginia federal judge has agreed to reconsider a requested $3.2 million attorney fee award to a bowling alley chain in its suit claiming that the company's former chief information officer hacked into its CEO's email, finding that a state law doesn't explicitly permit attorney fees.
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December 13, 2024
Philly Atty Gets Harsher Discipline In NJ For Pill Mill Conviction
The New Jersey Supreme Court has suspended an attorney for three years following his conviction for filling fraudulent opioid prescriptions in his side job as a part-time pharmacist, according to a recently filed order.
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December 13, 2024
Northwestern Law Prof. Flouted 'Abundantly Clear' Sanctions
A Colorado federal judge once again ordered a Northwestern University law professor Friday to complete a $5,000 sanctions payment for frivolous litigation in an estate matter, chiding the professor for ignoring "abundantly clear" directions that a donation to charity was not sufficient.
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December 13, 2024
Calif. Justices Won't Undo Judge's Ouster Over Misconduct
The California Supreme Court has decided not to overturn a state judge's removal from the bench for conducting a campaign of retaliation against court employees he suspected of being "moles."
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December 13, 2024
Holland & Knight Beats Malpractice Suit Over College Buy
A Florida state appeals court has refused to revive a malpractice suit against Holland & Knight LLP over its representation of an education investment company in the acquisition of a now-shuttered college.
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December 13, 2024
Fla. Woman Says PI Firm Botched Daughter's Death Suit
A Florida woman has launched a suit against the personal injury firm that represented her in a case targeting the apartment complex where her daughter was shot and killed, alleging that the firm's negligence resulted in her suit being dismissed twice.
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December 13, 2024
Holland & Knight Faces DQ Bid In Ga. Spine Center 401(k) Suit
Holland & Knight LLP should be disqualified from representing doctors suing Polaris Spine and Neurosurgery PC in Georgia federal court because the law firm previously served as its corporate counsel, the Atlanta-area practice and one of its doctors argued Thursday.
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December 13, 2024
Ex-Judges, Atty Group Back Newman In Suspension Lawsuit
U.S. Circuit Judge Pauline Newman has received more support at the D.C. Circuit in her case over the suspension her colleagues imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge, this time from a group of former federal judges and the Bar Association of the District of Columbia.
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December 13, 2024
Trump Rips DA's 'Dark Dream' To Legally Treat Him As Dead
Donald Trump's attorneys Friday slammed a proposal by the Manhattan district attorney to preserve the president-elect's hush money conviction by treating him like a defendant who dies after a verdict, pushing the judge to dismiss the case altogether.
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December 12, 2024
BakerHostetler Can't Ditch RICO Claims In Bankruptcy Fight
A Texas bankruptcy judge Wednesday trimmed fraud and legal malpractice claims alleging BakerHostetler aided a $100 million insurance fraud scheme, but he refused to throw out civil racketeering claims, finding that the allegations are "well-pleaded," and he must assume, for now, that they're true.
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December 12, 2024
Boutique LA Firm Sues Rival Trying To Claim Fees In $10B Win
Ross LLP, which helped its clients win $3.7 billion of a $10 billion verdict in a long-running dispute among five brothers over their real estate empire, sued another firm in California court Thursday alleging that it is wrongly trying to grab a portion of Ross' fees in the blockbuster case.
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December 12, 2024
Anti-Abortion Activists Say Clinic Pushed Bogus Hack Claim
The lawyer for an anti-abortion "pregnancy crisis center" on Thursday accused a Massachusetts abortion provider of knowingly filing a "far-fetched" complaint falsely accusing his clients of computer hacking, after the plaintiffs said they will be dropping those allegations but adding new claims in an amended complaint.
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December 12, 2024
Keller Postman Sues Jenner & Block In Escalating Tubi Fight
Keller Postman LLC added a new front Wednesday to its heated legal fight with Jenner & Block LLP, filing a California state court lawsuit accusing the BigLaw firm of employing a host of unethical tactics to gain leverage in mass arbitration against the streaming service Tubi.
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December 12, 2024
Pharma Co. Says Federal Court Must Weigh Atty Fee Bid
Harpoon Therapeutics Inc., which was acquired earlier this year by Merck Sharp & Dohme LLC, has asked a California federal judge to weigh an attorney fee bid by Monteverde & Associates PC, which sued Harpoon over allegedly incomplete merger disclosures.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Opinion
More Guidance Needed On Appellate Amicus Recusals
Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.