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Legal Ethics
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November 26, 2024
Law Firms' Tobacco Fee-Sharing Showdown Revived In Texas
A split Texas appeals panel has remanded a dispute between an attorney and an ex-attorney over a fee-sharing agreement in tobacco litigation, finding that the contract was ambiguous and that a trial court was wrong to conclude otherwise.
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November 26, 2024
Paul Hastings Seeks GenapSys CEO Depo In Malpractice Suit
Paul Hastings LLP has called on a California court to compel the founder and former CEO of GenapSys to sit for a deposition in a legal malpractice suit alleging that the firm improperly drafted board documents that invited an expensive lawsuit and led to the genetic sequencing company's "demise and liquidation."
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November 26, 2024
Texas Atty Sanctioned For Citing Bogus Cases After Using AI
A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.
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November 26, 2024
Fulton County DA Seeks To Reinstate Trump Election Charges
The Fulton County District Attorney's Office told the Georgia Court of Appeals on Monday that six criminal charges against President-elect Donald Trump and others should be reinstated as they have an "abundance" of information to prepare their defense against allegations of trying to subvert the results of the November 2020 election.
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November 26, 2024
Ga. Law Firm Faces DQ Bid Over 'Hopeless' FCA Case Conflict
The former employee of a tool company has called on a Georgia federal court to disqualify Smith Gilliam Williams & Miles PA and one of its attorneys from representing the company in his False Claims Act case because another firm attorney represented him in a domestic matter.
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November 26, 2024
Nadine Menendez's Atty Seeks Trial Delay Due To Jan. 6 Case
Counsel for Nadine Menendez in a bribery case that toppled her husband, former U.S. Sen. Robert Menendez, asked a New York federal judge to delay her January trial date because it would likely conflict with the trial of another client facing charges in March in the 2021 Capitol insurrection.
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November 26, 2024
NJ Law Firm Hit With Whistleblower Suit From Fired Atty
New Jersey law firm Post Polak PA has been hit with a state whistleblower lawsuit from a former associate alleging that she was fired over her handling of a public records case against Englewood Cliffs and her disagreements with the town mayor.
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November 26, 2024
Ex-Faegre Drinker Atty Files Disability Bias Suit
Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.
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November 26, 2024
Victim Shares Blame For $1.4M Scam, Connecticut Atty Says
A New Jersey real estate development company is at least partly to blame after it transferred more than $1.4 million to a fraudster without taking proper precautions, a Connecticut attorney said Tuesday in response to a federal lawsuit that accuses her of involvement in the scam.
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November 26, 2024
NJ Equal Pay Law Date Will Guide Atty's Discrimination Suit
Discovery and damages in a former Reed Smith LLP labor and employment attorney's suit claiming gender discrimination will be limited to the effective date of New Jersey equal pay law, a state judge ruled, saying the law doesn't apply retroactively.
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November 26, 2024
Giuliani's New Atty Faults Previous Counsel As NY Trial Nears
A Manhattan federal judge declined Tuesday to delay a January trial over whether Rudy Giuliani must turn over his Florida condo and World Series rings to fund a $148 million defamation judgment, after the former New York City mayor's new lawyer criticized outgoing counsel.
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November 25, 2024
Mich. Atty's Voting Machine Criminal Trial Delayed Again
A Michigan state judge on Monday yet again delayed the criminal trial of an attorney accused of accessing 2020 voting machines after reiterating that he would not disqualify special prosecutors from arguing the case, giving more time for others similarly charged to chime in about newly discovered evidence.
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November 25, 2024
Gibson Dunn Treated Crypto Client Like 'Hot Potato,' Suit Says
Crypto trading firm Swan Bitcoin hit Gibson Dunn & Crutcher LLP with a malpractice lawsuit in California court Friday, alleging Gibson Dunn dumped Swan "like the proverbial 'hot potato'" in underlying trade secret litigation and tried to take on Swan's rival as a client after a lateral hire created a conflict of interest.
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November 25, 2024
Samsung Inks Deal In Suit Nixed Over Rival's Atty Misconduct
Samsung has reached a settlement with patent owner Techiya, a deal that comes after Samsung defeated the $300 million patent infringement suit based on attorney misconduct by former in-house counsel that a Texas federal judge called "repugnant to the rule of law," according to a motion filed Sunday.
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November 25, 2024
Texas AG Loses 'Unserious' Bid For Jack Smith Doc Order
A Texas federal judge refused Monday to enter an emergency order preserving special counsel Jack Smith's records, saying there is no reason to think the U.S. Department of Justice will not follow document retention laws and slamming Texas Attorney General Ken Paxton's allegations to the contrary as "unserious."
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November 25, 2024
Informant Says He Brought Developers To Madigan's Law Firm
An ex-Chicago alderman who wore a wire to meetings with former Illinois House Speaker Michael Madigan was back on the stand Monday describing how he arranged a meeting with developers of a Chicago apartment building at Madigan's law office, with jurors hearing a call in which Madigan said to "go ahead and process" a zoning change for that project after the alderman asked if the developer gave him legal work.
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November 25, 2024
Baltimore Atty Convicted Over $25M Hospital Extortion Plan
A Baltimore federal jury on Friday convicted a prominent medical malpractice attorney on all charges in a case alleging he threatened the University of Maryland with bad publicity about "diseased" organs being transplanted into patients unless it paid him $25 million.
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November 25, 2024
Texas Judge Tosses Remainder Of Border Phone Search Suit
A federal judge in Texas has tossed a lawsuit from an attorney who claimed U.S. Customs and Border Patrol officers illegally seized and searched his cellphone at the border.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Berger Singerman Sued For Hurricane Insurance Malpractice
Berger Singerman LLP and one of its attorneys have been slammed with a legal malpractice lawsuit in Florida for allegedly botching insurance claims for a timeshare company that suffered damages in Hurricanes Michael and Irma.
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November 25, 2024
Pashman Stein Seeks Win In Fees Dispute With NJ Atty
Pashman Stein Walder Hayden PC has moved for summary judgment in New Jersey state court in a fee dispute with a former client who hired the firm to represent him in a fight with his former law partners about the shutdown of their previous firm.
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November 25, 2024
Atty Sanctioned Over Depo Misconduct In Blank Rome Suit
An attorney's alleged personal attacks against opposing counsel, refusal to answer questions and wrongful invoking of attorney-client privilege for certain documents led a Philadelphia federal court to order sanctions against her in an order published Monday.
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November 25, 2024
Ex-Fox Rothschild Corp. Head Ends Bias Suit Against Firm
Fox Rothschild LLP has resolved a discrimination lawsuit with a former head of its corporate department who claimed he was pushed out of the firm after nearly three decades because of his age, according to a stipulation of dismissal filed Monday in New Jersey state court.
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November 25, 2024
BigLaw Backs Barnes & Thornburg In Ga. Malpractice Appeal
More than two dozen law firms with a footprint in Georgia have told the state Supreme Court that a former client's legal malpractice claims against Barnes & Thornburg LLP were rightfully dismissed, arguing the doctrine of judgmental immunity has protected attorneys in the state for honest judgment calls for 150 years.
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November 25, 2024
Colo. Firm Sued Amid Ownership Battle For Mental Health Co.
In a fight over control of a business that provides mental health services to adopted children, the widow of one of the business' founders claims that a Denver law firm committed malpractice and unjustly enriched itself when it advised her rivals in the company's board of directors to file "baseless" lawsuits against her and ran up more than $1 million in bills.
Expert Analysis
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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.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.