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Legal Ethics
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January 07, 2025
Judge Sanctions Match For Glitch Ahead Of FTC Ad Trial
A Texas federal judge on Tuesday sanctioned Match Group after the company failed to turn over sensitive emails to the Federal Trade Commission on time in a suit over alleged shady business practices, saying that the mistake was honest, but that the company still had not surrendered the documents in a timely manner.
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January 07, 2025
Ex-Ill. Speaker Madigan Testifies In His Racketeering Trial
Former Illinois House Speaker Michael Madigan took the stand in his own defense Tuesday, testifying that he neither traded his public office for private gain nor demanded or accepted anything valuable in exchange for his official action, adding that he was "very angry" to learn that people who he'd recommended for jobs did little to no work.
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January 07, 2025
Calif. Justices Urged To Rescue Malicious Prosecution Claims
A fugitive recovery agent urged the California Supreme Court on Tuesday to revive malicious prosecution claims that a lower court struck under the attorney-malpractice law's one-year statute-of-limitations, arguing that he never had an attorney-client relationship with the defendant and so the two-year statute-of-limitations for tort claims must apply.
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January 07, 2025
Keller Postman Drops Suit Against Jenner & Block, For Now
Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
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January 07, 2025
Google Avoids Data Destruction Sanctions In Ad Privacy Suit
A California federal judge has declined to sanction and hold Google in contempt for purportedly intentionally destroying key evidence in a putative class action claiming the company's ad auction practices violate privacy rights, saying the consumers' motion came too late after fact discovery closed.
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January 07, 2025
Biotech Co. Urges NC Panel To Revive Legal Malpractice Suit
A biotech company that lost a $22 million libel suit brought by a pharmaceutical executive has asked a North Carolina appeals panel for another shot at legal malpractice claims against its former legal counsel, arguing that a savings provision expands the statute of repose for the voluntarily dismissed claim to be revived.
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January 07, 2025
Ex-Knick, Ex-MSG Security Head Spar Over Deposition
Former New York Knicks player Charles Oakley and the former chief of security for Madison Square Garden have reached an "impasse" over a subpoena for the ex-chief's documents and deposition in a suit over Oakley's ejection from a February 2017 NBA game.
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January 07, 2025
Law Firm Sought To Collect Expired Debts, 3rd Circ. Told
A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.
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January 07, 2025
Quinn Emanuel Says NAFTA Case Irrelevant In DQ Bid
A Mexican oil company and its subsidiaries cannot add "undisputedly irrelevant" supplementary information about former counsel Quinn Emanuel amid a disqualification bid, the law firm has told a Miami federal court, arguing that the requested documents, including the dismissal of a NAFTA arbitration Quinn Emanuel brought against Mexico, are either unrelated to the underlying litigation or duplicative.
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January 07, 2025
Fla. Judge Denies Attys' Recusal Bid In Malpractice Case
A Florida state judge has denied a request to recuse himself in a legal malpractice case by the victim of a car accident, rejecting the defense's argument that he should be disqualified because he oversaw the underlying matter.
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January 07, 2025
Starbucks Says It Can Target Inventor In Mobile Ordering Feud
Starbucks has urged the Eastern District of Texas to keep alive its counterclaims against a patent-licensing executive who claims the coffee chain infringed a patent covering a mobile ordering system, accusing him of creating an "extensive thimblerig" of shell entities to avoid paying the cost of his "meritless" cases.
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January 07, 2025
O'Melveny Beats DQ Bid In Hyundai Trademark Dispute
A California federal judge has denied a bid to disqualify O'Melveny & Myers LLP from representing Hyundai Motor Co. in a trademark dispute with computing company Hyundai Technology Group, saying the firm's failure to destroy a clawed-back document didn't justify booting it from the case.
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January 07, 2025
Ga. Judge's Ethics Case Gets March Hearing Date
A hearing has been set for March in the ethics case against a Georgia state judge accused of improperly allowing her personal friendship with an attorney to influence her role as a judge during a child custody case and of initiating and participating in ex parte communications.
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January 07, 2025
Judge Temporarily Blocks Trump Special Counsel Report
A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.
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January 07, 2025
Trump Can't Halt Sentencing In NY Case, Appeals Judge Says
A New York appellate judge Tuesday declined to freeze proceedings in Donald Trump's criminal hush money case, clearing the way for the president-elect to be sentenced as scheduled on Friday following his guilty verdict and just days before his inauguration.
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January 06, 2025
Jury Will Hear Proud Boys 'Context' In Trial Against Law Firm
A federal judge ruled Monday that a lawyer and law firm who supposedly misused a Texas company's jury pool research can't keep a jury from hearing certain details about their defense of Proud Boys who took part in the Jan. 6, 2021, assault on the U.S. Capitol.
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January 06, 2025
DC Judge Denies Atty's Bid To Hasten Search For DEA Leak
A D.C. federal judge Monday denied a Texas attorney's bid to force the U.S. Drug Enforcement Administration to turn over purported communications between agency personnel and anti-legalization activists regarding a proposal to loosen federal restrictions on marijuana.
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January 06, 2025
Judge Urged To Sit Out Alopecia IP Row Over Ex-Clerk's Role
Sun Pharmaceutical Industries has asked a New Jersey federal judge to recuse himself from a case alleging the company's alopecia drug infringes an Incyte patent, saying Incyte's attorneys hired the judge's former law clerk and put him on the case, creating "an indelible appearance of impropriety."
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January 06, 2025
Investment Adviser Says Attys' Mistakes Cost Him His Career
A Colorado investment adviser has sued two of his former attorneys for malpractice in state court, claiming one failed to clarify that a deal he signed over securities violations also would bar him from working in other states, while the other allegedly failed to timely file an appeal to dispute the settlements.
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January 06, 2025
NC Town Sued To Stop Confederate Statue's Move To Courthouse
A town council and board of commissioners in eastern North Carolina may not unilaterally relocate a controversial Confederate monument to the grounds of a local courthouse, a group of North Carolina residents has told a state court in a suit to block the move over an alleged violation of the state's open meetings law.
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January 06, 2025
Giuliani Held In Contempt In $148M Defamation Row
A New York federal judge on Monday found Rudy Giuliani in contempt of court for failing to turn over evidence to two former Georgia election workers seeking to collect on a $148 million defamation judgment they secured against the former attorney to President-elect Donald Trump.
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January 06, 2025
On Capitol Riot Anniversary, DOJ Update Says 1,500 Charged
On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.
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January 06, 2025
Ex-GMU Prof. Tells Judge To Ignore Accusers' 'False Reality'
Former FTC Commissioner and law professor Joshua Wright on Friday slammed two former students' request to exclude evidence of damages at an upcoming trial in a $108 million lawsuit in which he accused them of defamation, saying the request is "self-servingly twisted to present a false reality."
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January 06, 2025
Arkansas' Justices Block New Chief From Firing Officials
The Arkansas Supreme Court has blocked an attempt by its new chief justice to terminate 10 state court employees, saying that the proposed terminations appear to be "retaliatory" and "would disrupt the administration of justice across the state."
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January 06, 2025
Pashman Stein Avoids Atty's Claims, Rips Threat Accusation
Pashman Stein Walder Hayden PC has defeated an attempt from an attorney and former client to countersue it for breach of contract in New Jersey state litigation from the firm over unpaid fees, accusing the lawyer of a "flagrant attempt to manipulate the judicial process."
Expert Analysis
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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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.