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Business of Law
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May 20, 2024
Trial In Blackmail Case Over Judge's Photos Delayed
A Florida state judge agreed Monday to push back the trial in a Palm Beach County judge's suit accusing an attorney of trying to blackmail her with nude photographs, after the defendant cited discovery delays and an ongoing bellwether trial in multidistrict litigation against Chiquita that is tying up the schedule of two key witnesses.
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May 20, 2024
ABA's Education Section Endorses Alternative Atty Licensing
The American Bar Association's national accrediting arm for law degree programs announced during a council meeting Friday the adoption of a report that effectively recognizes alternative methods of attorney licensing outside the bar exam.
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May 20, 2024
Dorothy Beasley, Ga.'s 1st Woman Chief Appellate Judge, Dies
The first woman both appointed and elected to the Court of Appeals of Georgia, Judge Dorothy Toth Beasley, is remembered by her colleagues for the glass ceilings she shattered as well as for two important words she had inscribed in the courtroom.
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May 20, 2024
Baker McKenzie Ends FOIA Suit Over IRS Partnership Audits
A Baker McKenzie attorney has dropped a public records lawsuit against the Internal Revenue Service that sought to compel the agency to turn over documents pertaining to its scrutiny of large partnerships.
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May 20, 2024
Catching Up With Delaware's Chancery Court
Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.
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May 20, 2024
Girardi Wants To Probe Jurors' 'Real Housewives' Exposure
Public defenders for Tom Girardi want to ask prospective jurors in his upcoming fraud trial whether they have seen his wife's reality television show and news reporting about his law firm's massive scandal, according to a recent motion in Los Angeles federal court.
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May 20, 2024
McElroy Deutsch Says Ex-Exec's Guilt Boosts Home Claim
McElroy Deutsch Mulvaney & Carpenter LLP doubled down on its attempt to seize the home of two former firm executives following a guilty plea on criminal embezzlement charges earlier this month by one of them, the firm's former chief financial officer.
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May 20, 2024
Menendez Texts With Wife A Legislative Promise, Judge Says
Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.
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May 20, 2024
Pa. Federal District Judge Gene Pratter Dead At 75
U.S. District Judge Gene E.K. Pratter, who joined the bench in the Eastern District of Pennsylvania in 2004 and presided over several landmark cases, died Friday at the age of 75, according to a statement from the court.
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May 19, 2024
Solicitor General Says No High Court Case Is 'Hopeless'
Solicitor General Elizabeth Prelogar told lawyers Saturday that despite the U.S. Supreme Court's conservative majority, she has never thought a case she's overseen for the Biden administration was "entirely hopeless," and that there's always room to shape the court's opinion.
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May 17, 2024
In Case You Missed It: Hottest Firms And Stories On Law360
For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
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May 17, 2024
Jenner & Block Sued For Firing Worker Over Vax Refusal
A former Jenner & Block LLP employee filed a discrimination suit against the law firm on May 17, claiming she was fired after the firm refused to provide a religious exemption from its COVID-19 vaccine mandate despite her belief that taking the vaccine would make her complicit in abortion.
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May 17, 2024
Calif.'s Top Judge Launches Task Force To Probe AI Uses
California Supreme Court Chief Justice Patricia Guerrero has created a new task force to look into how generative artificial intelligence could benefit the court system and its users, while also evaluating its potential risks, the court announced Friday.
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May 17, 2024
How A $3K Pro Se Claim Led To A 9-0 High Court Decision
A milestone victory at the U.S. Supreme Court for $3,000 in wages started with a Pentagon worker’s principled commitment to his employer — a dedication that ironically led to a decadelong fight against his own bosses. Stuart R. Harrow and his attorneys speak to Law360 about how a seemingly low-stakes conflict turned into a high-profile case with reverberations for hundreds of federal employees.
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May 17, 2024
Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi
Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.
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May 17, 2024
Trump Hush Money Judge Warned For Biden Donation
The judge presiding over Donald Trump's criminal hush money trial was quietly cautioned after making a political campaign contribution to President Joe Biden and a Democratic group, disposing of an ethics investigation into the donation, it was confirmed Friday.
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May 17, 2024
Alito Flag Report Fuels Ethics Debate, But Likely No Recusal
Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.
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May 17, 2024
Menendez Bribery Trial: 5 Things To Know About Week 1
Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.
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May 17, 2024
Ga. Judge In 2020 Election Cases To Take Senior Status
U.S. District Judge Steve Jones of the Northern District of Georgia, who has presided over high-profile cases involving the 2020 election, voting rights and abortion, will take senior status on Jan. 1, 2025, according to an update Friday.
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May 17, 2024
Man Admits To Threatening Judge Over 'Don't Say Gay' Ruling
A retired teacher from Pensacola, Florida, has pled guilty to threatening to harm a federal judge in five voicemails he left after the jurist ruled against a challenge to Florida's "Don't Say Gay" law, federal prosecutors announced.
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May 17, 2024
Law360's Legal Lions Of The Week
Haynes and Boone LLP and Lubin & Enoch PC lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court unanimously determined that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration.
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May 17, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
The SEC adopted cybersecurity rules to require investment advisers and broker-dealers to put procedures in place for detecting data breaches and for notifying customers when their personal information may have been compromised, and lawyers said SPACs won't get sought-after relief from a new 1% tax on stock buybacks under a recent Treasury Department proposal. These are among the stories in corporate legal news you may have missed in the past week.
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May 17, 2024
1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo
The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.
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May 17, 2024
Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh
Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."
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May 17, 2024
Trump's Potential Witness Could Be Defense 'Dynamite'
As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.
Expert Analysis
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Where Kavanaugh May Land On SEC In-House Court Issue
Justice Brett Kavanaugh's agreement with the U.S. Supreme Court majority in West Virginia v. U.S. Environmental Protection Agency, along with a previous dissenting opinion in the D.C Circuit, is a good predictor of his views in two cases challenging judicial procedures at the U.S. Securities and Exchange Commission and Federal Trade Commission, says Evan Stewart at Cohen & Gresser.
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Opinion
Federal Courts Should Adopt Supreme Court's Amicus Stance
The federal courts of appeals should adopt the U.S. Supreme Court's new approach to amicus curiae briefs, which allows the friend-of-the-court submissions to be filed without consent from the court or the parties, says Lawrence Ebner at Atlantic Legal Foundation.
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Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid
A prevailing party may have a 2-3 chance of getting paid under the Section 285 fee-shifting statute for patents, making reform efforts to ensure receipt of payment worth considering, say Adam Shartzer and Josh Carrigan at Fish & Richardson.
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3 Pricing Trends In Law Firm Use Of Litigation Funding
As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.
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Safeguarding Attorneys' Greatest Asset: Our Mental Health
Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.
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Opinion
Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
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Opinion
Litigation Funders Seek Transparency In Disclosure Debate
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
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5 Principles For Better Professional Development Programs
The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
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Series
My Favorite Law Prof: How I Learned To Practice With Passion
First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
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Questions To Ask Before Making A Lateral Move As Partner
Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.
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Roundup
My Favorite Law Professor
As law schools navigate adapting to the pandemic, technological advancements, and the needs and expectations of Gen Z, this Expert Analysis series features stories of teaching methods that have had a meaningful impact on members of the legal industry.
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Pointers For Women IP Attorneys Building Fed. Circ. Practices
Julie Goldemberg at Morgan Lewis offers a series of tips for women intellectual property attorneys seeking to build Federal Circuit practices, including how to gain trial experience in high-level patent litigation despite documented challenges in doing so.
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Series
My Favorite Law Prof: How I Learned To Argue Open-Mindedly
Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
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ABA's No-Contact Rule Advice Raises Questions For Lawyers
The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
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4 Key Skills For An Effective Attorney Coaching Conversation
As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.