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Legal Ethics
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 16, 2024
Atty Seeks To Escape Hurricane Ad Suit Against Texas Firm
A Houston-area lawyer is asking a Texas federal court to let him out of a proposed class action involving allegedly deceptive advertising targeting hurricane victims, saying discovery has closed, and the plaintiff has come up empty-handed in finding proof that he "solicited" her in violation of Lone Star State barratry laws.
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December 16, 2024
NJ Panel Tosses Contempt Sanctions Against Lawyer
A New Jersey appellate panel on Monday vacated contempt sanctions imposed by a Bergen County judge on a Northern New Jersey-based lawyer in an estate case, saying the attorney's conduct wasn't enough of a disruption.
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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.
Expert Analysis
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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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Series
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.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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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.