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Business of Law
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July 02, 2024
YSL Judge Shares Transcript Of Secret Witness Meeting
The transcript of a secret meeting involving Fulton County prosecutors, a key state's witness and the judge overseeing the Young Slime Life case was released Monday, shortly after it was announced that proceedings in the case would be paused until an outside judge reviews motions for the judge's recusal.
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July 02, 2024
Depo Gets Dad Ousted From Sesame Place Race Bias Case
The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.
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July 02, 2024
Ex-Bankruptcy Judge Will Be Deposed Over Atty Romance
The former Texas bankruptcy judge whose secret relationship with a Jackson Walker LLP attorney ignited a major judicial ethics scandal has agreed to sit for a seven-hour deposition to answer questions about the episode.
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July 02, 2024
Armstrong Teasdale Pulls Back From SLC As 7 Join Dentons
Armstrong Teasdale LLP told Law360 Pulse on Tuesday that it plans to redirect resources from Salt Lake City, saying it is "not the right time for us to be there" after a Dentons member firm announced the day prior that it had hired seven of Armstrong Teasdale's Utah-based litigators.
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July 02, 2024
Dentons Says Ex-Client Can't Escape $4.7M Fee Suit In Texas
International law firm Dentons Europe CS LLP urged a Texas federal court Tuesday to keep alive its suit accusing a Houston-area crisis response business of failing to pay more than $4.7 million in legal fees and said the correct venue was Texas, not England, as the business has argued.
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July 02, 2024
Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict
The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.
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July 02, 2024
Pa. Clerk Named After Departures Spur 'Judicial Emergency'
Dauphin County, Pennsylvania's president judge has selected an interim clerk of courts to take over the office's duties following last week's sudden resignation of the elected clerk and the Supreme Court's declaration of a judicial emergency.
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July 02, 2024
After Fischer, Judge Releases Atty Convicted In Jan. 6 Riot
A D.C. federal judge ordered the release of a Georgia attorney imprisoned for storming the U.S. Capitol on Jan. 6, 2021, saying his pending appeal would likely result in his freedom after the U.S. Supreme Court narrowed an obstruction of Congress law used to convict him and others involved in the assault.
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July 02, 2024
DLA Piper Tells Judge Fired Associate Got Proper Discovery
Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.
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July 02, 2024
Giuliani Disbarred In New York Over Election Falsehoods
A New York appellate court Tuesday barred Rudolph Giuliani from practicing law in New York, citing ample evidence that the former New York City mayor made repeated false statements about the 2020 presidential election.
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July 02, 2024
Trump's NY Sentencing Pushed To Sept. After Immunity Ruling
A New York judge on Tuesday delayed Donald Trump's criminal sentencing from July 11 until Sept. 18 to give prosecutors and the former president's attorneys time to argue over whether the U.S. Supreme Court's immunity decision vacates his conviction.
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July 01, 2024
High Court's 1-2 Punch Sets Up Long-Standing Regs For KO
By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.
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July 01, 2024
Trump Seeks To Vacate NY Verdict, Citing Immunity Decision
Former President Donald Trump's attorneys asked the New York state judge overseeing his hush money case to delay sentencing and consider setting aside the jury's guilty verdict in the wake of the U.S. Supreme Court's ruling on presidential immunity Monday.
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July 01, 2024
Could Trump Get Jail In NY? We Dug Into 10 Years Of Data
Donald Trump could well be sentenced to a prison term after a New York state jury found him guilty on 34 felony counts, according to criminal justice data showing that many New York defendants convicted of those crimes face incarceration.
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July 01, 2024
How Broad Immunity Could Upend Trump's 4 Criminal Cases
The U.S. Supreme Court's landmark decision Monday that presidential immunity shields Donald Trump from criminal charges connected to his official acts creates a "nearly impossible burden" for the special counsel prosecuting Trump in the historic federal election interference case and complicates his other criminal matters, experts say.
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July 01, 2024
Atty Not 'Annoying' Enough For Restraining Order
A California appeals court affirmed Monday a finding that a personal injury attorney's aggressive behavior toward another attorney only rose to the level of "annoying" and thus didn't warrant a permanent restraining order, saying the behavior must rise to the level of "seriously annoying" to be considered harassment.
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July 01, 2024
Rutgers Law Student Says Subpoenas Denied In Bad Faith
An Orthodox Jewish law student suing Rutgers University for discrimination for allegedly allowing students to mount an antisemitic "witch hunt" against him in the wake of Hamas' Oct. 7 attack accused the nonparty Council on American-Islamic Relations, New Jersey chapter, of sanctionable behavior for stonewalling subpoena requests last week.
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July 01, 2024
The Top In-House Hires Of June
Two of America's largest companies, GM and ExxonMobil, decided in June to hire from the outside to replace their top lawyers, while Volkswagen Group of America promoted its next general counsel from within. Here, Law360 looks at some of the top in-house announcements from June.
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July 01, 2024
Judge Acquits Firm Co-Founder, 27 Others Over Panama Papers
When authorities raided the now defunct Panamanian law firm Mossack Fonseca as part of their investigation into the international money laundering case known as the Panama Papers, they didn't follow the chain of custody for evidence they seized, so 28 people accused in the conspiracy must be acquitted, a Panamanian judge has ruled.
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July 01, 2024
Akerman Opens In Del. With 2 McCarter & English Litigators
Akerman LLP is opening an office in Delaware with two litigation partners from McCarter & English LLP, the firm announced on Monday.
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July 01, 2024
Meet The Incoming Chief Of North Carolina's Business Court
When Judge Michael L. Robinson takes the helm of the North Carolina Business Court in January after more than eight years on the bench, his colleagues agree the veteran jurist and professor will bring the right temperament, thoughtfulness, generosity and professionalism to the role.
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July 01, 2024
Feds Say Ex-Magellan Officer's Atty May Have Conflict
A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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June 30, 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.
Expert Analysis
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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7 Constructive Ways Attorneys Can Spend The Deal Slowdown
Transactional lawyers can stay productive despite the currently sluggish market for M&A and financing deals by investing nonbillable hours into a range of projects that will strengthen firms, build professional relationships and lay a strong foundation for future work, says Brian Kerwin at Duane Morris.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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12 Summer Reads For White Collar Attorneys
Jack Sharman at Lightfoot Franklin recommends 12 books white collar lawyers should read this summer, from French existentialist classics to modern rural noirs, that provide lessons and reflections for one’s legal practice.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Roundup
Prosecutor Pointers
As new trends enter the courtroom, this Expert Analysis series features prosecutors' practice tips — some time-tested, some newly updated — for every stage of the jury trial, from voir dire to closing statements.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.