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Business of Law
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June 12, 2024
House IP Panel Eyes Transparency For Litigation Funders
A congressional committee on Wednesday began discussing whether to require more transparency of third-party litigation funding agreements to stem what lawmakers say are abusive patent lawsuits and national security concerns if hostile foreign governments meddle with cases anonymously.
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June 12, 2024
NY AG, Firms Beat Cuomo Subpoenas In Sex Harassment Suit
Former New York Gov. Andrew Cuomo can't force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to produce information about an investigation into sexual misconduct accusations that forced him to resign, a federal judge ruled Wednesday, finding the firms were acting under the state attorney general's authority.
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June 12, 2024
House Votes To Hold AG Garland In Contempt
The House voted 216-207 on Wednesday to hold Attorney General Merrick Garland in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into Biden's handling of classified documents.
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June 12, 2024
Federal Jurist In Chicago Remembered As 'Favorite Judge'
Senior U.S. District Judge Harry D. Leinenweber, who oversaw the criminal trials of R. Kelly and the "ComEd Four" during his four decades on the bench in Illinois, is remembered as a compassionate "favorite judge" whose tireless work ethic kept him active in the court until his death Tuesday.
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June 12, 2024
Associate Sues Kaufman Dolowich Alleging Disability Bias
A former associate with national law firm Kaufman Dolowich & Voluck LLP claims in a federal lawsuit that attorneys at the firm's Philadelphia office discriminated against him after he asked for accommodations for his hearing impairment.
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June 12, 2024
Norton Rose Adds 12 BCLP Attys In Denver, St. Louis
Norton Rose Fulbright has added a dozen attorneys from Bryan Cave Leighton Paisner LLP to its regulatory, investigations, securities and compliance practice in the firm's Denver and St. Louis offices.
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June 12, 2024
Law Grads Told To 'Ride The Waves Of Change'
In debunking a familiar quote shared by Apple's Steve Jobs and comparing working with colleagues to being NFL teammates, 2024 law school commencement speakers asked their future legal colleagues to allow space for their career aspirations to change and not underestimate the impact they can make — both individually and as a community.
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June 12, 2024
Nelson Mullins Partner's Widow Must Arbitrate Pay Dispute
The estate of a Nelson Mullins Riley & Scarborough LLP partner who died last year is bound by a partnership agreement that requires disputes to be resolved through arbitration, a Massachusetts judge said in dismissing a suit brought by the attorney's widow.
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June 12, 2024
Biden Names Prosecutors, Judge For 3 District Courts
President Joe Biden announced nominees Wednesday for district courts in Minnesota, California and Pennsylvania.
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June 11, 2024
UC Berkeley Slams 'Ripped-From-Headlines' Antisemitism Suit
The University of California, Berkeley and its law school asked a California federal court to throw out a suit alleging they tolerated antisemitism on campus, arguing that the latest version of the complaint includes "ripped-from-the-headlines" claims stemming from incidents that are still being investigated and addressed.
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June 11, 2024
Senate Dems To Bring Supreme Court Ethics Bill Up For Vote
U.S. Senate Judiciary Chairman Dick Durbin, D-Ill., plans to bring his U.S. Supreme Court ethics reform bill up for a vote Wednesday in a move Republican lawmakers have already vowed to block.
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June 11, 2024
Moelis-Inspired Del. Corporate Law Bill Clears Senate Panel
A string of law professors turned out Tuesday to oppose a Delaware Senate bill that would let boards cede some governance rights to big stockholders and some Delaware Court oversight to other jurisdictions, with the measure nevertheless cleared for a full Senate vote.
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June 11, 2024
Willkie Farr Hires 11 Ex-Latham Bankruptcy Attys In Germany
Willkie Farr & Gallagher LLP has snagged three bankruptcy partners and eight more attorneys from Latham & Watkins LLP in Germany as it expands its bench in the country, the firm announced Tuesday.
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June 11, 2024
Stanford Says Instructor's Firing Over Gaza Class Is Legit
Stanford University has asked a judge to dismiss a lawsuit by a Black Muslim lecturer who said he was let go after giving a controversial talk on the Gaza war, saying it didn't dismiss him because of his race, color or religion, but because he ran a bad classroom exercise.
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June 11, 2024
Foley & Lardner Accused Of Underpaying Recruiter
A legal recruiter accused Foley & Lardner LLP in a Massachusetts state court lawsuit of taking advantage of a 13-year-old contract to pay it a "woefully insufficient" fee for helping to lure a multimillion-dollar partner from another firm earlier this year.
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June 11, 2024
Federal Judgeships To Open In Pennsylvania And New Mexico
Federal district judge seats in Pennsylvania and New Mexico will open early next year, as two appointees of former President George W. Bush have said they will step down.
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June 11, 2024
Former McElroy Deutsch Exec Fights Home Claim In Theft Suit
With her husband having pled guilty to stealing over $1.5 million from McElroy Deutsch Mulvaney & Carpenter LLP last month, the firm's former business development director held firm this week that a New Jersey state court must reject the firm's bid to put the couple's house in a constructive trust.
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June 11, 2024
Trump Claims Feds Staged Doc Discoveries At Mar-A-Lago
Agents searching Donald Trump's Mar-a-Lago estate during a 2022 raid ignored instructions to document classified documents as they were found but instead separated them from personal items and took pictures to show that's how they were initially discovered, according to a motion filed in Florida federal court.
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June 11, 2024
ArentFox Adds 17-Person Team From Burns & Levinson
A few months after adding a four-partner automotive team from Burns & Levinson LLP, ArentFox Schiff LLP on Tuesday announced the addition of 17 more attorneys and professionals from the firm with experience ranging from intellectual property matters to business litigation.
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June 11, 2024
Spat Over Texas Trial, Vacation Plans Ends With New Date
A Texas appeals court has dismissed a tech company's mandamus petition stating that a Harris County court scheduled a trial in its case despite several attorney vacation letters after the parties said the trial court moved the date.
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June 11, 2024
SEC Asks For $1.1M Insider Trading Penalty For Ex-Apple Atty
The U.S. Securities and Exchange Commission is again urging a New Jersey federal court to levy a roughly $1.1 million civil penalty on a former Apple Inc. senior attorney who already pled guilty and was sentenced for criminal charges related to a lucrative insider trading scheme.
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June 11, 2024
Uniswap Taps Coinbase Atty To Be CLO As SEC Fight Looms
The firm behind decentralized marketplace Uniswap has brought on a senior Coinbase attorney and seasoned litigator to helm its legal operations as it stares down a potential enforcement action from the U.S. Securities and Exchange Commission.
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June 11, 2024
10 Firms Seek $13M Fee For Effexor Antitrust Deal
Ten law firms asked a New Jersey federal judge on Monday to award $13 million in counsel fees and an additional $2.1 million in costs for representing direct buyers in a $39 million settlement with Pfizer Inc. unit Wyeth over an alleged scheme to delay generic competition for the antidepressant drug Effexor XR.
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June 11, 2024
Ga. Justices OK Remote Work For Attys Not Licensed In State
The Georgia Supreme Court unanimously put its stamp of approval Tuesday on an opinion stating that attorneys who reside in the Peach State but are not licensed there may provide legal services by remote means under certain circumstances.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
Expert Analysis
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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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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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Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling
The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.
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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.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Roundup
ESG Around The World
While ESG investing has recently become one of the most controversial policymaking issues in the U.S., in this Expert Analysis series, attorneys across the globe tell us about the state of ESG in each of their countries or regions.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Tips For Camp Lejeune Attorneys To Mitigate TCPA Suit Risks
To retain and assist Camp Lejeune clients, it is vital to understand best practices to avoid violating the Telephone Consumer Protection Act, which has been at the center of recent lawsuits against attorneys seeking to reach veterans and their families affected by the toxic water exposure at the Marine Corps base, says Libby Vish at SimplyConvert.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.