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Legal Ethics
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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.
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December 12, 2024
Anti-Abortion Activists Say Clinic Pushed Bogus Hack Claim
The lawyer for an anti-abortion "pregnancy crisis center" on Thursday accused a Massachusetts abortion provider of knowingly filing a "far-fetched" complaint falsely accusing his clients of computer hacking, after the plaintiffs said they will be dropping those allegations but adding new claims in an amended complaint.
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December 12, 2024
Keller Postman Sues Jenner & Block In Escalating Tubi Fight
Keller Postman LLC added a new front Wednesday to its heated legal fight with Jenner & Block LLP, filing a California state court lawsuit accusing the BigLaw firm of employing a host of unethical tactics to gain leverage in mass arbitration against the streaming service Tubi.
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December 12, 2024
Pharma Co. Says Federal Court Must Weigh Atty Fee Bid
Harpoon Therapeutics Inc., which was acquired earlier this year by Merck Sharp & Dohme LLC, has asked a California federal judge to weigh an attorney fee bid by Monteverde & Associates PC, which sued Harpoon over allegedly incomplete merger disclosures.
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December 12, 2024
Newman Gets Amicus Support At DC Circ. In Suspension Row
Two amici threw their support behind U.S. Circuit Judge Pauline Newman at the D.C. Circuit on Thursday, with one free-market think tank criticizing what it said was the secrecy surrounding the disciplinary proceedings against Judge Newman over her refusal to participate in an investigation into her fitness to serve as a Federal Circuit judge.
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December 12, 2024
Cooley Wins Bid To Arbitrate Fla. Malpractice Suit
A Florida state judge has granted Cooley LLP's bid to send to arbitration claims by Genetics Networks LLC that the firm failed to file documents needed to secure a lien while preparing $1.2 million in loan papers, ruling that an arbitration agreement covers the issues raised in the company's malpractice suit.
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December 12, 2024
Lowenstein Sandler Looks To Keep Dispensary Fee Suit Alive
Lowenstein Sandler LLP has asked a New Jersey state judge to reject a bid by a New Jersey cannabis dispensary and a local firm to dismiss its suit seeking nearly $800,000 in unpaid fees while also agreeing to dismiss claims against its receiver.
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December 12, 2024
NY Courts Defy Watchdog, Won't Release Judicial Ethics Data
Counsel for the New York State Unified Court System told the state transparency watchdog Wednesday it has no obligation to release judges' and court officials' financial disclosure data under public records law.
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December 12, 2024
Saul Ewing Named In Wage Class Reps' Hidden-Asset Suit
A Pittsburgh-based home health care company and its counsel from Saul Ewing LLP are improperly shuffling assets in order to avoid paying future judgments, according to a lawsuit by representatives of a proposed wage class seeking $12.2 million.
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December 12, 2024
Jury Clears Blank Rome Attys In Malicious Suit Case
Three Blank Rome attorneys and an aviation company have been cleared by a Pennsylvania federal jury of claims that they maliciously pursued litigation over alleged misuse of confidential information against a lawyer who formerly represented the company and switched to plaintiffs work.
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December 12, 2024
JUDGES Act Passes House But Biden Veto Looms
The House voted 236-173 on Thursday to pass a bill to add more judgeships, which tees it up for a likely veto by the president, as many Democrats have soured on the measure after Donald Trump's victory at the polls.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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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.