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Legal Ethics
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February 05, 2025
Goldstein, Saying He's Mired In Debt, Asks To Redo Bail Terms
Prominent U.S. Supreme Court attorney and SCOTUSblog publisher Tom Goldstein has a negative net worth of more than $3.3 million and is mired in debt to his attorneys, he said in a filing Wednesday seeking to modify the conditions of his release ahead of a trial on federal criminal tax evasion charges.
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February 05, 2025
Berger Singerman Aims To Sink Hurricane Malpractice Suit
Berger Singerman LLP and one of its attorneys are hoping to escape a malpractice lawsuit related to hurricane damages brought by former client ARC Resorts LLC, saying its decision to list only the name of a property on particular notices was tactical and not negligent.
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February 05, 2025
Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit
A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.
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February 05, 2025
Calif. Panel Revives Malpractice Suit Against Insurer Attys
A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.
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February 05, 2025
NC Software Co. Says DQ Of Rival's Atty Shouldn't Stall Trial
An attorney being kicked off a bitter copyright case over source code shouldn't delay the fast-approaching trial, a U.S. software company told a North Carolina federal judge, arguing that its Dutch rival is trying to use the loss of its preferred counsel as a stalling tactic.
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February 05, 2025
Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid
A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.
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February 05, 2025
As Adams Case Teeters, A DOJ 'Ideal' Hangs In The Balance
The public courtship between New York City Mayor Eric Adams and President Donald Trump is worrying some white collar legal experts, who say that Trump influencing the U.S. Department of Justice to drop Adams' corruption case would depart from over 40 years of policies aimed at keeping politics out of prosecutorial decisions.
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February 04, 2025
OpenSky Defends Patent Challenge After Verdict Against Intel
A company found using the patent review process to try to extort money from VLSI Technology LLC and Intel Corp. after a $2.18 billion jury verdict against the chipmaking giant is arguing it shouldn't have to pay legal fees, saying its efforts to revive a meritorious patent challenge is simply part of a "potentially profitable business model."
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February 04, 2025
Dems Call For Another Hearing For Patel Over FBI Upheaval
Kash Patel had his nomination hearing to be FBI director less than a week ago, but Democrats and outside groups want him to appear before lawmakers again due to the agency officials fired and sidelined in recent days, and questions raised about Patel's past consulting work, according to letters written to the Senate Judiciary Committee.
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February 04, 2025
Ex-NY Real Estate Atty Gets 4½ Years For $3.3M Client Con
A former New York City attorney on Tuesday was sentenced to over four years in prison, following his admission to stealing $3.3 million in client funds for purported real estate deals.
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February 04, 2025
Colorado Atty Says She's Blameless For Divorce Money Hack
A Colorado divorce attorney wants out of a tangle of lawsuits that have sprung up since conservative radio personality and lawyer Randy Corporon mistakenly wired a client's $375,000 divorce settlement to Hong Kong, arguing that the claims are premature and statutorily barred, and that her malpractice insurer already covered damages.
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February 04, 2025
DLA Piper Partner To Testify At Cognizant Evidence Hearing
Prosecutors told a New Jersey federal judge Tuesday that the managing partner of DLA Piper's Houston office will testify at a Feb. 18 evidentiary hearing in a criminal bribery case against two former executives of Cognizant Technology Solutions Corp., which tapped the law firm for an internal investigation into the alleged corrupt scheme in India.
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February 04, 2025
SEC Receiver, Atty Agree To Settle Fraud Transfer Claims
A court-appointed receiver for a U.S. Securities and Exchange Commission case has reached a settlement with parties who allegedly received hundreds of thousands of dollars' worth of transfers from a fraudulent foreign exchange trading scheme, including the attorney and family of a convicted executive.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
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February 04, 2025
Guo Trustee Gets OK To Keep Law Firm Deal Sealed For Now
The Chapter 11 trustee overseeing convicted Chinese fraudster Miles Guo's bankruptcy estate can keep secret for 180 days an adversary proceeding settlement with a New York law firm because similar clawback cases should proceed without being impacted by the terms of the deal, a Connecticut bankruptcy judge has ruled.
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February 04, 2025
Philly Firm Seeks $1.5M Fee, Denies 'Explosive' Malpractice
Philadelphia firm Cohen Seglias Pallas Greenhall & Furman PC told a Philadelphia County jury on Tuesday that it was owed $1.5 million by metal fabricator M. Cohen & Sons Inc. for legal work, urging the jurors to reject allegations that the firm had a conflict of interest resulting in what the fabricator's lawyer called "explosive" consequences.
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February 04, 2025
Conn. Atty Sues Client, Lawyer Over State Farm Settlement
A small Connecticut personal injury firm has sued a Bloomfield personal injury attorney and a former client in state court for breach of contract and unjust enrichment, accusing them of failing to hand over a one-third fee from a $35,000 State Farm insurance settlement.
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February 04, 2025
'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons
A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."
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February 04, 2025
NJ Atty Avoids Disbarment After Bank Fraud Conviction
A New Jersey attorney who was disbarred in New York and Colorado after copping to participating in a bank fraud conspiracy in 2017 has been handed a three-year license suspension in the Garden State, retroactive to the date of her guilty plea.
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February 04, 2025
Javice's Texts About Elizabeth Holmes Not Fair Game For Trial
Frank founder Charlie Javice's sympathetic texts about healthcare-sector fraudster Elizabeth Holmes won't be seen by the jury hearing charges that the education startup executive faked data to dupe JPMorgan into a $175 million acquisition, a Manhattan federal judge said Tuesday.
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February 03, 2025
Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'
U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."
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February 03, 2025
Yacht Building Co. Faces Sanctions For Hiding Hoist Failure
A Washington federal judge has said yacht builder Delta Marine Industries owed sanctions over its failure to provide access to parts related to a boat hoist that failed during the launch of a yacht in a $3.4 million dispute between Lloyd's syndicates, underwriters and a Seattle boat builder.
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February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs
The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
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February 03, 2025
Utah Court Urged To Preserve $8.3M In Messner Reeves Funds
Several companies from Florida, New York and Utah have urged a Utah federal court to order Messner Reeves LLP to preserve $8.3 million purportedly locked away in an escrow fund, saying the law firm appears to be breaking a business loan agreement by dissipating the funds to unknown entities.
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February 03, 2025
Jackson Walker Ethics Case Shelved Over Lack Of Authority
A Houston federal judge on Monday recommended closing an ethics case against Jackson Walker LLP over its supposed knowledge of a firm attorney's relationship with a judge, finding the court lacked the authority to pursue sanctions against a law firm.
Expert Analysis
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.