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Legal Ethics
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September 24, 2024
Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.
A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.
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September 24, 2024
NJ Power Broker Says AG's 'Crime Thriller' Lacks A Crime
Powerful New Jersey businessman George E. Norcross III Tuesday called the Garden State's 111-page indictment alleging he led a scheme to strong-arm the acquisition of waterfront property in Camden through threats of economic and reputational harm a "crime thriller with no crime," and said it must be dismissed.
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September 23, 2024
Smartmatic Can't Seek Punitive Damages In Newsmax Suit
A Delaware Superior Court judge on Monday ruled that Smartmatic USA Corp. can't seek punitive damages in the defamation trial over unsubstantiated claims from Newsmax Media Inc. that the company's voting systems rigged the 2020 election, saying Smartmatic couldn't meet its burden to prove express malice.
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September 23, 2024
Med Mal Case Is Settled After Scuttled $111M Verdict in Minn.
On the eve of a second trial, a Minnesota-based orthopedic center has settled a suit that previously ended in a $111 million verdict that was later vacated for being excessive, with federal court records indicating a deal has been reached in principle.
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September 23, 2024
Gordon Rees Gets Insurer's Wash. Malpractice Suit Trimmed
A Washington judge issued a mixed order in a lawsuit brought by the insurer for a climbing equipment manufacturer over allegations that misconduct by a Gordon Rees Scully Mansukhani LLP attorney — coupled with another insurer's decision to yank coverage — forced the manufacturer into a settlement over a climber's fall.
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September 23, 2024
Nonprofit, Union Say Janus Doesn't Apply To NYC Dues Fight
Two New York City public defenders cannot leverage the U.S. Supreme Court's Janus ruling to stop paying their union because the ruling only applies to public employees and they're technically employed by a nonprofit, argued their employer, union and the city in a motion to dismiss their lawsuit.
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September 23, 2024
Penn Law Professor Sanctioned For Discriminatory Remarks
A professor at the University of Pennsylvania Carey Law School will be sanctioned for making "sweeping and derogatory generalizations about groups by race, ethnicity, gender, sexual orientation, and immigration status," according to university documents made available Monday.
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September 23, 2024
What A Harris Administration Would Mean For The Courts
Vice President Kamala Harris, the Democratic presidential nominee, is familiar with the courtroom.
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September 23, 2024
Judge Recuses Self After Opening Jackson Walker Ethics Probe
U.S. Bankruptcy Judge Marvin Isgur has asked a Texas federal court to investigate potential sanctions against Jackson Walker LLP for its failure to disclose a relationship between a firm partner and a federal judge, also telling the court he would recuse himself from any proceedings involving the ethics breach.
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September 23, 2024
NC Man Gets 100 Mos. For Fleecing Attys In 'Collection' Scam
A North Carolina man has been sentenced to more than eight years in federal prison after a Pennsylvania jury found him guilty on charges of mail, bank and wire fraud stemming from an international scheme to bilk attorneys out of millions of dollars.
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September 23, 2024
Feds Ask To File Up To 180-Page Brief On Trump Immunity
Federal prosecutors are seeking permission from a D.C. federal judge to file a lengthy brief making the case that Donald Trump is not immune from charges of election interference, telling the court that the "substantially drafted" motion won't be longer than 180 pages.
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September 23, 2024
J&J Accuses Beasley Allen Of Casting Bogus Talc Ballots
Johnson & Johnson has accused the Beasley Allen Law Firm of casting about two dozen false ballots against the company's latest talc bankruptcy plan without voters' consent and urged a New Jersey federal court to remove the firm from the plaintiff's steering committee as a consequence.
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September 23, 2024
Law Firm Accused Of 'Gamesmanship' In NJ Malpractice Suit
A pair of siblings suing Chaitman LLP for malpractice in New Jersey told the state court that the firm is delaying the litigation with a discovery motion about the order in which depositions should be taken that "should never have been filed to begin with."
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September 23, 2024
Conn. Judge Rips 'Odd Lawyering' In Referral Fee Feud
A Connecticut Superior Court judge on Monday slammed what he called "odd lawyering" at the summary judgment stage of an attorney fee feud in an underlying personal injury case, asking why affidavits failed to clarify the facts in dispute as the case heads toward trial.
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September 23, 2024
Ex-Conn. Police Chief Demands Atty Fees After Winning Suit
The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.
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September 23, 2024
Legal Malpractice Suit Over Med Mal Case In Ga. Revived
A Georgia state appellate court on Monday revived a legal malpractice lawsuit over a former attorney's handling of a medical malpractice case, saying a trial court improperly granted a dismissal motion after disqualifying the lawyer who filed it.
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September 23, 2024
Fabiani Cohen Says Equity Partner Can't File Employee Claim
Fabiani Cohen & Hall LLP told a New York federal judge on Friday that its equity partner's employment suit is motivated by her desire to increase her profit share of the firm, arguing that her status as an equity owner means she can't be considered an employee for the purposes of her claims.
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September 23, 2024
FEMA Looks To Escape Atty's Bias And Retaliation Suit
The U.S. government has asked a federal judge to toss a suit alleging two agencies pushed out an Asian American attorney following her complaints that a male colleague harassed her, arguing she failed to state a claim in her "behemoth," 190-page complaint.
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September 20, 2024
Litigation Funding Firm Likely Out Of Hurricane Ad Class Action
A Texas federal judge said Thursday that a funding company that lent $20 million to a law firm accused in a proposed class action of conspiring to deceptively solicit hurricane victims should be dropped as a defendant.
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September 20, 2024
NY Judge Resigns Amid Ethics Charges of Corruption, Abuse
A New York state judge in Westchester County has agreed to resign from the bench after the New York Commission on Judicial Conduct charged him last month with multiple counts of judicial misconduct, including dismissing traffic tickets for friends, sexually harassing a newly appointed judge, and berating court staffers and attorneys.
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September 20, 2024
Eviction Law Firm Says Tenant's Fee Class Action Untimely
An eviction law firm pushed a Colorado federal court to toss a proposed class action filed by tenants who claim the firm illegally charged them attorney fees before their eviction proceedings were resolved.
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September 20, 2024
Veteran High Court Litigator Warns Of Ethics Debate's Impact
Accusations that U.S. Supreme Court justices are corrupt or nothing more than politicians in robes are unwarranted, tremendously dangerous and threaten to irreparably harm the institution's legitimacy, veteran high court litigator Kannon Shanmugam warns.
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September 20, 2024
Plaintiffs Firms Battle Over Proposed $9B Deal In J&J Talc Suit
Two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder are now warring among themselves, with Smith Law Firm PLLC suing Beasley Allen Law Firm for defamation after Beasley Allen accused the former of selling out clients to pay off litigation funders.
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September 20, 2024
Ex-Healthcare Exec Can't Sue GC Over Probe Advice
A former Baxter International treasurer who was fired amid an investigation into improper foreign exchange transactions was correctly blocked from pursuing claims against the healthcare company and its general counsel over advice he received on navigating the probe, an Illinois appellate panel said Friday.
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September 20, 2024
Insurer Off Hook For Late-Reported Malpractice Claim
An insurance carrier had no obligation to defend or indemnify a Massachusetts attorney who failed to report a malpractice lawsuit for more than a year, the First Circuit said, affirming a lower court's decision to vacate a $1.1 million jury verdict against the insurer.
Expert Analysis
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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.
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What To Know About Recent Trends In PTAB Sanctions
Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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SEC May Be Regulating By Enforcement With Atty Actions
The U.S. Securities and Exchange Commission's recent high-profile actions against Covington and Frost & Miller show the agency is taking "regulation by enforcement" to a new arena — attorney misconduct — despite having a never-used rule on the books at its disposal, say attorneys at Tarter Krinsky.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.