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Legal Ethics
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October 15, 2024
Judge Approves Murdaugh Boat Crash Settlement
A South Carolina judge has approved a $15 million settlement in a suit against a gas station that allegedly sold alcohol to disgraced attorney Alex Murdaugh's underage son, who was later involved in a boat crash that killed one person, after a hangup with an insurance carrier was resolved.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Ga. Attorney Publicly Reprimanded For Trust Account Issues
Georgia Supreme Court justices Tuesday accepted an attorney's bid for a public reprimand after the attorney, who was suspended a decade ago after a wire fraud conviction, admitted to violating professional rules on the safekeeping of property.
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October 15, 2024
Disbarment Isn't One Size Fits All For Attys Guilty Of Crimes
Attorney discipline, much like the criminal justice system, is rarely a simple math equation where authorities can plug in a type of wrongdoing and an appropriate punishment is spit out.
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October 11, 2024
Quinn Emanuel Gets Trimmed $92M Fee In ACA Cases
Quinn Emanuel Urquhart & Sullivan LLP will get $92 million in fees from a $3.7 billion win in two class actions against the government over risk corridor payments under the Affordable Care Act, a U.S. Court of Federal Claims judge ruled Thursday, trimming the firm's renewed $185 million request.
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October 11, 2024
Mich. Atty Can't Escape Voting Machine Possession Trial
A Michigan state judge on Friday said an attorney cannot escape an indictment alleging that she unlawfully accessed voting machines after the 2020 election, rejecting her argument that the charging document should be void because the state law about voting machine possession is too vague.
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October 11, 2024
Boston Bomber Says Judge's Praise For Jury DQs Him
A Massachusetts federal judge's public comments praising the jury that delivered a conviction and death sentence for Boston Marathon bomber Dzhokhar Tsarnaev disqualify him from reviewing alleged juror misconduct, the defendant's lawyers said in a filing unsealed Friday.
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October 11, 2024
Ex-Girardi Keese CFO Pleads Guilty In Calif. Wire Fraud Cases
Girardi Keese's former Chief Financial Officer Christopher K. Kamon pled guilty Friday in California federal court to two counts of wire fraud, admitting that he conspired with the firm's disgraced co-founder Tom Girardi to steal millions from a client, while also stealing millions from the firm behind Girardi's back.
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October 11, 2024
Mich. Firm's Settlement Dispute Returns To State Court
A Michigan federal judge ruled Friday that an attorney-client fight over how to divide settlement proceeds in a police brutality case belongs in state court, reasoning that the dispute was a matter of contract law over which he could not exercise jurisdiction.
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October 11, 2024
Attys Ordered To Apologize For Neighborhood 'Scream Test'
A Pennsylvania federal judge has ordered attorneys representing a plaintiff in a civil rights suit to go door-to-door and issue written apologies to residents and business owners after subjecting a South Philadelphia neighborhood to a looped recording of a woman screaming as part of an acoustics test last month.
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October 11, 2024
Quinn Emanuel Faces DQ Bid For Musk-Dogecoin Deal Leak
Dogecoin investors want Quinn Emanuel Urquhart & Sullivan LLP to be disqualified in their case against Elon Musk and Tesla Inc. because the law firm and its attorneys publicly disclosed a confidential settlement offer in the contentious lawsuit.
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October 11, 2024
Fox Rothschild Aims To Exit Malpractice Suit Over Land Row
Fox Rothschild LLP has called on a New Jersey state court to throw out malpractice claims leveled against it by two siblings who accused a lawyer at the firm of bungling a 1984 property deed and 1993 trust belonging to their stepfather, arguing the sisters are trying to improperly hold it responsible for purported, decades-old negligence by other law firms.
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October 11, 2024
Ex-Firm's Role In Amicus Doesn't Force Judge Recusal In NJ
The New Jersey Supreme Court has issued an order spelling out the grounds for a judge's recusal in relation to an amicus group, stating that the involvement of a judge's former law firm in an amicus filing is not grounds alone for disqualification.
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October 11, 2024
Nelson Mullins Can't Beat DQ In Foreign Exchange Fraud Suit
A Florida state appeals court panel unanimously sided with a trial court Friday in deciding that Nelson Mullins Riley & Scarborough LLP can't represent the defendant in a lawsuit accusing him of duping the plaintiff into doing business with online foreign exchange platform FxWinning Ltd. because the firm previously represented the plaintiff in a "substantially related" suit against the company.
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October 11, 2024
Lin Wood Slams Ga. Atty Fee Statute As Unconstitutional
Retired Georgia attorney L. Lin Wood has doubled down on his argument that a state law violates the state and U.S. constitutions by favoring plaintiffs in awarding attorney fees, urging a Georgia federal judge to let him escape paying his former law partners' fees after they won a $3.75 million defamation verdict.
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October 11, 2024
Indicted NJ Power Broker Says Civil Suit Belongs In Biz Court
Indicted Garden State power broker George E. Norcross III has asked a New Jersey state judge to transfer the civil racketeering suit brought against him and his attorney brother by a Philadelphia developer to the state's complex business litigation program.
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October 10, 2024
Ex-Boxer Slams 'Big Brother' Tactics In $1B Drug Case
The legal team of former heavyweight boxer Goran Gogic criticized the government's attempt to introduce alleged evidence from a massive state-sponsored hack of a messaging app in their client's $1 billion cocaine trafficking case, saying Thursday the use of the data thwarts constitutional protections and could provide an opening to target other encrypted platforms.
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October 10, 2024
Chutkan OKs Redacted Immunity Evidence In Trump Case
The D.C. federal judge overseeing the case that charges Donald Trump with scheming to subvert the 2020 election results will allow the public disclosure of some evidence related to the issue of his potential immunity, but will give the former president time to challenge the disclosure.
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October 10, 2024
IP Forecast: 5G Patent Case Spells Deja Vu For EDTX
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 10, 2024
Ex-Latham Atty Must Turn Over SEC Whistleblower Docs
A New Jersey federal judge on Thursday ordered a retired Latham & Watkins LLP attorney to hand over communications between himself and two whistleblowers who tipped off the U.S. Securities and Exchange Commission to an alleged $73 million fraud after one of the whistleblowers dropped his objections to producing the documents.
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October 10, 2024
Paxton Prosecutor Fee Fight Ends With High Court Rejection
The Texas Court of Criminal Appeals on Wednesday declined to take up a dispute over how much a special prosecutor appointed to oversee the securities fraud case against Texas Attorney General Ken Paxton should be paid, ending a fee fight that has stretched on almost as long as the criminal case.
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October 10, 2024
Feds Say Ex-Atty Stole $570K From Disabled Client's Trust
A former attorney in Washington is accused of embezzling more than $570,000 from a client's insurance settlement after she was severely injured in a motorcycle accident, according to a federal indictment that said the victim was forced to sell her home after her trust account was drained.
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October 10, 2024
Gunster Reaches Deal In One Of Two Data Breach Actions
Gunster has struck a settlement agreement in one of the two proposed class actions it faces in Florida federal court over a 2022 data breach, while the plaintiffs in the second case urged the court the same day to reject the law firm's dismissal bid in their suit.
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October 10, 2024
Combs May Face More Charges As Feds Pore Over Evidence
Prosecutors helming the sex trafficking case against Sean "Diddy" Combs told a Manhattan federal judge Thursday they could file more charges against the jailed hip-hop mogul and rejected his accusations of grand jury leaks as "a means to try to exclude a damning piece of evidence."
Expert Analysis
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.