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Business of Law
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October 29, 2024
Approach The Bench: Judge Rosenthal Praises Zoom Hearings
While U.S. District Judge Lee Rosenthal calls the pandemic a disaster that "discombobulated" the federal courts, she thinks there was also a silver lining to the experience.
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October 29, 2024
Ex-Boston University Law Prof Settles IP Suit With School
A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.
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October 29, 2024
Circuit Judge Rips Atty's 'Unearned Windfall' In Liability Case
Although the Sixth Circuit has affirmed a decision awarding roughly $353,000 to a Texas attorney in a decadelong fee dispute over his representation of a client in a product liability case, one circuit judge expressed "extreme disapproval" over the lawyer's conduct in the matter.
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October 28, 2024
Partner Sues Over Firm Breakup After $100M Conn. Verdict
Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.
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October 28, 2024
Judge Leaves Patent Case After Fed. Circ. Undoes Ruling
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
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October 28, 2024
Colo. Will Decide How Judges Are Judged
The Colorado Supreme Court could soon lose some of its control over judicial discipline, from the rules governing the process to who doles out punishment, as voters decide whether to adopt constitutional reforms following a scandal over hush-money allegations that ensnared a former chief justice and other top judiciary officials.
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October 28, 2024
NC Swaps Checks For Prepaid Debit Cards To Pay Jurors
North Carolina state court officials announced Monday that they've changed the payment method for jurors in an effort to cut down on paper and will instead issue prepaid debit cards to compensate citizens for jury duty.
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October 28, 2024
Colo. Judge: Attys Have Work To Do On Disability Acceptance
A Colorado appeals court judge who co-founded the Colorado Disability Bar Association told a room of law students Monday that while the legal community has made progress on being inclusive of those with physical disabilities, work remains on accepting lawyers with "invisible disabilities" like mental health conditions, neurodivergence and chronic pain.
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October 28, 2024
Feds Defend DEI Monitor Provision In Boeing Plea Deal
The U.S. Department of Justice said it will consider diversity and inclusion when it picks an independent compliance monitor for The Boeing Co. under a proposed plea agreement in the company's criminal conspiracy case, reassuring a Texas federal judge that the selection process will be rigorous.
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October 28, 2024
Law Prof Calls Out Atty Fees, Workarounds In NAR Deal
A University at Buffalo Law School professor on Monday urged a federal judge to reject the National Association of Realtors' $1 billion settlement in an antitrust class action, arguing the deal only serves to enrich lawyers in the case while allowing an anticompetitive system to continue.
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October 28, 2024
Denver Law Firm Faces Class Action Over Data Breach
The former spouse of a Sherr Puttmann Akins Lamb PC client has launched a putative class action in Colorado state court alleging that sensitive information she provided to the Denver-based family law firm, including her Social Security number, ended up on the dark web following a data breach.
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October 28, 2024
Ozy Media CEO Wants Conviction Nixed Over Judge's Assets
The New York federal judge who presided over the fraud and identity theft trial of former Ozy Media CEO Carlos Watson should be disqualified from the case because he failed to disclose that he had investments in four of the companies victimized by Watson, according to the onetime executive, who is trying to get his conviction overturned.
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October 28, 2024
Longtime New York Federal Judge John F. Keenan Dies At 94
U.S. District Judge John Fontaine Keenan of the Southern District of New York, a jurist of more than four decades who presided over major cases — like the litigation stemming from one of the world's deadliest industrial disasters in Bhopal, India, and the trial of former Filipino first lady Imelda Marcos — died on Sunday, according to a district source. He was 94.
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October 28, 2024
Judge Ambivalent In DOJ, GOP Special Counsel Tapes Fight
A D.C. federal judge on Monday expressed skepticism toward House Judiciary Committee Republicans' rationale for seeking the release of audiotapes from President Joe Biden's interviews with special counsel Robert Hur while also questioning the U.S. Department of Justice's logic for keeping the recordings confidential.
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October 28, 2024
J. Crew Asks Court To Ratify Ex-GC's Arbitration Loss
J. Crew is asking a New York federal judge to confirm an arbitrator's ruling from earlier this month that found it hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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October 28, 2024
Tesla Atty Faces Sanctions Bid Over Mediation Appearance
Tesla and an in-house attorney are facing a sanctions bid in California federal court for reportedly appearing at a mediation in a wrongful death case despite lacking settlement authority, causing "delay and unnecessary expense" to the widow of a man who died when his Tesla allegedly ran off the road, crashed and ignited.
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October 28, 2024
Asheville Federal Courthouse Reopens After Hurricane Helene
The North Carolina federal courthouse in Asheville reopened Monday for the first time after flooding and outages from Hurricane Helene forced its indefinite closure last month.
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October 28, 2024
Linklaters Adds 4 A&O Shearman Finance Partners In NY
Linklaters LLP announced Monday the addition of four partners from the recently merged Allen Overy Shearman Sterling to the firm's finance division, deepening its U.S. capital markets and restructuring offerings in New York.
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October 25, 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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October 25, 2024
How Big Crash Verdict Revealed Blueprint For Suing Amazon
A rare $16.2 million verdict against Amazon recently awarded by a Georgia jury is proof that a blueprint of sorts now exists for pinning liability on the retail giant in crash cases involving independent contractors, according to a veteran attorney who helped win the case.
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October 25, 2024
Gloves Come Off In Wash. High Court Race As Election Nears
A high-powered civil litigator vying for an open seat on the Washington State Supreme Court says his municipal judge opponents' expertise is primarily relegated to traffic tickets, as that judge decries the critique as legal snobbery symptomatic of a greater disconnect in the judiciary.
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October 25, 2024
Eternal Optimism Is Key To A Mediator's Mind, Top Judge Says
Colorado's chief federal magistrate judge told mediators on Friday that after holding more than 1,400 settlement conferences, he's learned to remain steady even when parties are "going crazy" from last-minute revelations, citing an instance in which a former postal worker confronted with evidence of illegal gun possession ran from the courthouse.
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October 25, 2024
High Court Bar's Future: Mitchell Law's Jonathan F. Mitchell
The pantheon of U.S. solicitors general doesn't include many lawyers who've openly challenged the U.S. Supreme Court's authority or sought to undermine its landmark precedents. But there aren't many lawyers like Jonathan F. Mitchell, a crusading conservative who rescued former President Donald Trump's reelection run — and in the process positioned himself to become the government's top oral advocate.
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October 25, 2024
NYC Bar Rates 4 Sitting Judges 'Not Approved' For Reelection
The New York City Bar Association announced Friday that four sitting judges in state and city courts seeking reelection had failed to show the qualifications needed to perform their duties, a rebuke that hasn't been seen in recent years.
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October 25, 2024
Woman Accused Of Threatening To Kill Judge Kacsmaryk
Prosecutors have indicted a woman who allegedly threatened death on a Texas federal judge a week after he blocked federal approval of the abortion drug mifepristone, saying the woman sent communications promising murder and assault around April 2023, according to an unsealed indictment.
Expert Analysis
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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10 Lessons From A Deep Dive Into IP Damages
Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.