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Legal Ethics
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December 09, 2024
Kline & Specter Wants Ex-Attorney's Suit In Arbitration
Kline & Specter PC is seeking to send to arbitration a breach of contract lawsuit filed in Philadelphia court by a former firm attorney, saying their employment agreement expressly gives the firm the right to move the complaint into arbitration.
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December 09, 2024
Litigation Funding Firms Escape Hurricane Ad Suit
Two litigation funders have succeeded in exiting a proposed class action alleging a law firm deceptively advertised to hurricane victims, with a Houston federal court adopting a magistrate judge's recommendation to toss claims for a lack of plausible allegations.
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December 06, 2024
Justices To Consider Easing Rules On Revising Habeas Petitions
The U.S. Supreme Court on Friday agreed to hear a case that could make it easier for prisoners to amend their habeas corpus petitions, brought by a man who claims his drunken attorney never pointed out that key evidence in his child pornography trial was marked as "not child porn" by investigators.
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December 06, 2024
11th Circ. Finds Last-Minute Evidence Was Correctly Barred
The Eleventh Circuit ruled Friday that a lower court did not err when it prevented the defense in a criminal trial over drug charges to play video evidence for the first time during closing arguments, saying the last-minute maneuver would have prevented the government from examining a witness about it.
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December 06, 2024
Ga. Poll Workers Want 'Severe' Sanctions Against Giuliani
The two former Georgia election workers who won a $148 million defamation verdict against Rudy Giuliani have asked a federal judge to hold the former Donald Trump attorney in civil contempt and impose "severe" sanctions for his "willful flouting" and "blatant disregard" of court orders.
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December 06, 2024
House Poised To Take Up JUDGES Act As Some Dems Balk
A bipartisan bill to create more federal judgeships to meet increasing caseloads is on the House's schedule for next week, but its support from some Democrats appears to be waning.
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December 06, 2024
Patent Litigation Funders 'Fleeing' Del. Court, Study Says
Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.
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December 06, 2024
NY Judge Sanctioned For Ex Parte Convo In Divorce Case
A second state court judge has been sanctioned in an ethics flap over improper out-of-court communications in a contested divorce case involving a law firm run by a friend of his, the New York State Commission on Judicial Conduct announced this week.
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December 06, 2024
Ex-City Officials In California Cop To Cannabis Permit Bribes
Two former officials of Los Angeles County cities have pled guilty to bribing another local politician in an attempt to influence his votes for cannabis dispensary permits.
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December 06, 2024
Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit
An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.
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December 06, 2024
Wash. Judge Rips Attys' 'Expletive-Laden' Calls, 'Petty' Fights
A federal judge in Washington state this week scolded counsel for both parties in a lawsuit against State Farm Fire & Casualty Company, stating that their barbs in briefs and arguments, expletive-laden phone calls and other behavior will no longer be tolerated.
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December 06, 2024
Mandelbaum Barrett Beats DQ Bid Appeal In Pharmacy Fight
Mandelbaum Barrett PC defeated a disqualification motion Friday in a pharmacy ownership dispute, with a New Jersey state appeals court ruling that a former Mandelbaum Barrett attorney's previous work for the pharmacies was not relevant to the current case.
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December 06, 2024
Fox Rothschild Can't Escape Malpractice Suit Over Land Row
A New Jersey judge on Friday denied Fox Rothschild LLP's bid to exit a malpractice suit in which two sisters alleged that a lawyer now at the firm bungled a 1984 property deed and 1993 trust belonging to their late stepfather, depriving them of a lucrative land parcel, reasoning that disputed facts keep the suit alive.
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December 06, 2024
Firm Can't Strike Settlement Talks From Ex-Receptionist's Suit
Arizona-based personal injury firm Rafi Law Group PLLC's counterclaim against a former receptionist and its motion to strike a portion of her retaliation complaint have both been rejected by a federal judge who said the firm did not sufficiently support its motions.
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December 06, 2024
Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit
The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a sanction for filing what the circuit court said was a "nuisance" patent infringement lawsuit against a rival manufacturer.
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December 06, 2024
Conn. Panel Pares $150M From $1.44B Alex Jones Verdict
The Connecticut Appellate Court on Friday sliced $150 million from a $1.44 billion trial court judgment against Infowars host Alex Jones over his claims that the Sandy Hook shooting was a hoax, holding the state's consumer protection laws did not allow the massacre's survivors to recover for alleged harms connected to Jones' ancillary product sales.
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December 05, 2024
Judge Newman Brings Fight To End Her Suspension To DC Circ.
U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution.
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December 05, 2024
Apple To Appeal Epic's Atty-Client Privilege Challenge Win
Apple and Epic Games told a California federal judge Thursday that they've agreed on a protocol for a special master to re-review 57,000 documents that Apple claims are attorney-client privileged in their antitrust fight, while Apple added that it plans to appeal his finding that its privilege assertions over a sample were overbroad.
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December 05, 2024
DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says
The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.
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December 05, 2024
Sanctioned VLSI Patent Challenger Must ID Members In Va.
VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company it claims tried to "extort" it at the Patent Trial and Appeal Board, with a Virginia federal judge ordering that company to disclose its members.
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December 05, 2024
Basketball Fan's Race Bias Suit Tossed Over Delays
A Colorado federal judge on Wednesday dismissed without prejudice a basketball fan's lawsuit claiming employees of the Denver Nuggets racially profiled him during a game, finding it was the appropriate course after the man's lawyer repeatedly failed to follow through on the case.
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December 05, 2024
Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions
A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing sanctions, with the panel repeatedly noting that the semiconductor company wasn't even a party in the import dispute.
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December 05, 2024
Ex-Posner Staffer Asks Court To Allow Salary Suit To Proceed
A former staffer suing retired U.S. Circuit Judge Richard Posner for $170,000 in back pay has rejected Judge Posner's claim that the suit is untimely, arguing the onetime Seventh Circuit jurist's conduct was so egregious that it's exempt from otherwise relevant statutes of limitations.
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December 05, 2024
Colo. Panel Sides With Cannabis Atty In Former Client's Suit
The Colorado Court of Appeals ruled on Thursday that a cannabis attorney cannot be held liable for a former marijuana cultivator client's business failing when they violated land use rules because the attorney was no longer representing them at the time.
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December 05, 2024
Lowenstein Sandler Suit Gets New NJ Judge After DQ Request
Lowenstein Sandler LLP has persuaded an Essex County Superior Court judge to recuse himself from the firm's $800,000 fee suit against a cannabis dispensary over social connections to the litigants and their counsel and had the case assigned to a new judge this week.
Expert Analysis
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.