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Legal Ethics
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November 25, 2024
Jack Smith Drops Trump's Federal Cases
Special counsel Jack Smith on Monday moved to drop the federal prosecutions of President-elect Donald Trump in D.C. and Florida, citing long-standing Justice Department policy barring the prosecution of a sitting president while insisting that the government "stands fully behind" the merits of the charges.
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November 25, 2024
Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'
Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.
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November 25, 2024
Justices Pass On Ex-Atty's Puerto Rico Bribery Appeal
The U.S. Supreme Court on Monday declined to review the bribery convictions of a former attorney who solicited and accepted payments from an environmental contractor to influence three Puerto Rican mayors and helped the contractor secure government contracts worth millions of dollars.
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November 22, 2024
Malaysia Looks To Shore Up Counterattack Over $14.9B Award
Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.
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November 22, 2024
Defamation Suit Against Ga. Election Chief Tossed
A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
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November 22, 2024
Navajo Co. Dismisses Case Alleging Paralegal Took Docs
A natural resources company owned by the Navajo Nation has dismissed a lawsuit against a paralegal it accused of failing to turn in her computer for removal of its privileged documents, after the paralegal said she had already arranged to surrender her device before the lawsuit was even filed.
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November 22, 2024
Texas Justices Say Paxton Can Duck Whistleblower Suit Depo
The Texas Supreme Court said Friday that Texas Attorney General Ken Paxton doesn't have to sit for a deposition in the long-running employment retaliation suit brought by his former top deputies, partially agreeing with his contention there are no longer any factual disputes in the case.
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November 22, 2024
Pot Dispensary Aims To Escape Lowenstein Sandler's Fee Suit
A New Jersey cannabis dispensary has moved to dismiss a suit from Lowenstein Sandler LLP seeking nearly $800,000 in unpaid fees, telling a state court that the firm did not give the proper notice before suing over the fee dispute.
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November 22, 2024
Fed. Circ. Won't Rethink Toppling Tire Verdict
The Federal Circuit has declined to rethink a ruling last month that upended what was once a multimillion-dollar jury verdict in a decadelong tire design dispute, rejecting the argument that the judges "overlooked and misapprehended Illinois law" on the matter of "litigation privilege."
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November 22, 2024
Marketer Asks Judge To Rethink OK'ing Text Solicitation Ban
Pennsylvania's statewide ban on the use of text messages to solicit potential legal clients would cause irreparable harm to a company that specializes in digital marketing technology by preventing it from raising revenue while fighting the rule, according to a recent motion filed in Pittsburgh federal court.
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November 22, 2024
Shipman & Goodwin Atty Dodges DQ In Waste Permit Case
A Connecticut Superior Court judge has refused to disqualify Shipman & Goodwin LLP attorney Joseph P. Williams from a lawsuit that started as a dispute over a $3 million transfer station performance bond, finding he is not a necessary witness to the remaining issues in the case.
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November 22, 2024
Judge 'Concerned' With 'Lack Of Progress' In Walmart OT Suit
A Georgia federal judge warned that he was "concerned by the lack of progress on the limited discovery" he reopened last month at the request of a Walmart warehouse manager suing the company for unpaid overtime hours.
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November 22, 2024
Trump Sentencing Halted To Weigh President-Elect's Immunity
The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.
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November 21, 2024
Stanford AI Prof Accused Of Filing AI-Generated Expert Brief
A Stanford University professor who studies artificial intelligence and disinformation "ironically" likely used AI to prepare an expert opinion lodged in support of the Minnesota attorney general in a suit challenging a state law on deepfakes, according to the plaintiffs, who said the opinion "cites a study that does not exist."
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November 21, 2024
Key Informant Who Recorded Madigan Takes The Stand
A former Chicago alderman who prosecutors have deemed one of their "most significant cooperators in the last several decades" took the stand Thursday afternoon and began what is expected to be multiple days of testimony in the racketeering trial of ex-Illinois House Speaker Michael Madigan, whom he secretly recorded while working with the government.
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November 21, 2024
Texas AG Pushes For Preservation Of Jack Smith, DOJ Docs
Texas Attorney General Ken Paxton urged a federal court Thursday to enter an order requiring the U.S. Department of Justice to preserve records connected to special counsel Jack Smith, accusing the agency of remaining "evasive" of Paxton's bid for records related to President-elect Donald Trump's hush money case.
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November 21, 2024
Tax Firm Must Disclose Case Info In Malpractice Suit
A tax firm being sued for malpractice and unfair trade practices by former clients can't hide behind a state bar association rule to avoid producing discovery documents it claims are privileged, a Wisconsin federal court ruled Thursday.
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November 21, 2024
Ye's Cos. Sanctioned For Blowing Off Discovery In Bias Suit
A Los Angeles judge sanctioned two of Ye's companies Thursday after they "simply ignored" discovery requests in a former employee's lawsuit alleging widespread racism, antisemitism and homophobia on the part of the rapper formerly known as Kanye West.
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November 21, 2024
Pa. Enviro Hearing Board Can Sanction Atty, Court Affirms
Pennsylvania's Environmental Hearing Board was within its power to issue its first-ever sanctions against an attorney for trying to delay an appeal with false claims that the state Attorney General's Office and the U.S. Environmental Protection Agency were looking to talk to Cabot Oil & Gas Corp. over her case, a state appellate court ruled Thursday.
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November 21, 2024
Dentons Atty Owed No Duty In $54M Currency Deal, Jury Says
A Florida state court jury found Thursday that a former Dentons US LLP attorney didn't intentionally make a false statement or commit malpractice in a failed $54 million dollars-to-bolivares currency swap in which a Venezuelan lawyer lost millions of dollars.
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November 21, 2024
Experts Cool On 'Chill' Defense In NJ RICO Case
Former prosecutors and academics are doubtful two of New Jersey's most politically connected attorneys can convince a judge that the racketeering case against them will have a chilling effect on lawyering, given that prosecutors only have to show they knew the end game of the notorious Democratic power broker they're accused of helping.
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November 21, 2024
Suit Against Mortgage Co. Axed Despite Atty's Bad Faith Claim
A Texas state court judge has dismissed for good an attorney's lawsuit against the mortgage company she formerly worked for in-house, despite a dispute over whether the matter should have ended with or without prejudice.
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November 21, 2024
Paxton Sanctions Bid Unwarranted, Immigration Org. Says
A Texas immigrant rights nonprofit asked a federal judge to deny a bid by state Attorney General Ken Paxton to sanction it, saying it never resisted a civil investigation or misled the court as Paxton's office claims.
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November 21, 2024
NJ Courts Eye Tech Education And Competence For Attys
The New Jersey Supreme Court on Thursday published and sought public comment on two proposed requirements related to emerging technologies such as artificial intelligence and cybersecurity.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.