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Feds Slam Girardi's 'Last Ditch Effort' To Block Evidence
Prosecutors urged a California federal judge Friday to reject Tom Girardi's bid to suppress evidence collected without a search warrant from his law firm's bankruptcy trustee, arguing that the trustee had control of the firm's books and records and had the power to voluntarily produce the documents for the disgraced attorney's wire fraud case.
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How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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Judge Should Have Been Disqualified From Case, Panel Said
A Washington appeals court panel said a trial judge should have been disqualified over bias concerns raised by metro Seattle's bus agency in a worker discrimination case, according to an opinion that said the judge's order allowing an amended complaint was not a discretionary ruling in the case that would have forbid disqualification.
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Trump Urges Halt To Mar-A-Lago Case, Citing Immunity Ruling
Former President Donald Trump urged a Florida federal judge Friday to pause the criminal case that accuses him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House, citing a recent U.S. Supreme Court ruling that said he might be immune to charges related to official acts.
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Justices Told Revoked Visa Petition Is Reviewable
A woman whose visa petition for her Palestinian husband was revoked two years after being approved urged the U.S. Supreme Court to rule that courts can review secondary decisions, saying that lower courts' refusal to do so creates an irrational system in which only initial decisions can be reviewed.
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Mich. Atty Ethics Board Moves Trump Allies' Cases Forward
The Michigan Attorney Discipline Board has refused to dismiss misconduct claims against six attorneys for challenging the results of the 2020 election in the Great Lakes State and ordered their disciplinary proceedings to move forward.
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Ga. Elections Office Wants Out Of Appeals Seat Challenge
An elections office in Fulton County, Georgia's elections department asked a judge this week to be let out of a lawsuit alleging that the winner of a recent state appeals court election lied about his residency and is ineligible for the office, arguing that the suit "fails to make even a single allegation of misconduct, fraud or irregularity."
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Court To Weigh Scope Of Ex-Judge's Atty Romance Testimony
A Texas bankruptcy judge said he must determine the scope of a deposition over a former judge's concealed romantic relationship with an ex-Jackson Walker LLP attorney, reversing course on a stipulation and ruling he has "exclusive authority" to "authorize and set limits regarding the nature of the testimony."
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The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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Legal Jobs Continued To Tick Up In June
The U.S. legal sector added 1,400 jobs in June, continuing an uptick that began this spring, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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NJ Judge Accused Of Harassment, Explicit Online Comments
A New Jersey municipal court judge is facing a formal ethics complaint alleging that he got drunk and sexually harassed female court employees at a party and made inappropriate comments online about adult entertainment figures, which the complaint says "demeans the judicial office and undermines public confidence in the judiciary."
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Georgia DAs Say Discipline Panel Already Harming Them
A legal challenge to Georgia's new prosecutor disciplinary panel should move forward now that the panel has been cleared to begin investigating prosecutors, a bipartisan group of district attorneys told a Georgia state court.
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Trump-Appointed Alaska Judge Abruptly Resigns
Judge Joshua Kindred of the District of Alaska informed President Joe Biden on Wednesday that he will be resigning Monday.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry marked Independence Day with another busy week as BigLaw adjusted practices and the U.S. Supreme Court ended a historic term. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Menendez's Focus On Ally's Case Was Legitimate, Jury Told
Sen. Robert Menendez rested his bribery defense Wednesday after a prominent criminal defense attorney testified that Menendez was not alone in finding a certain prosecution "abusive," rebutting the notion that the lawmaker's interest was part of a quid pro quo.
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Guo Witnesses Point To Chinese Harassment Of Dissidents
Defense witnesses in the $1 billion fraud trial of Miles Guo told a Manhattan federal jury Wednesday that the Chinese dissident is a prime target of "Operation Fox Hunt," an alleged program within China's government that aims to silence and repatriate critics of the regime.
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Veterans Ask High Court To Revive PTSD Benefits Claims
Two military veterans urged the U.S. Supreme Court to remand Federal Circuit rulings that denied their benefits claims for post-traumatic stress disorder, saying the lower courts failed to properly review whether they deserved the benefit of the doubt.
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NC Solicitor General Faces GOP Roadblock To 4th Circ. Bench
President Joe Biden's selection of North Carolina Solicitor General Ryan Y. Park for a Fourth Circuit seat tops off a distinguished resume that includes a Harvard Law degree and a stint at Boies Schiller & Flexner LLP, but he still faces an uphill road to the bench amid pushback from Tar Heel State senators.
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Contentious Ala. Gender Care Case Partly Paused
Favoring "judicial efficiency," an Alabama federal court has partially granted the Biden administration's opposed motion to stay a case challenging the state's ban on gender-affirming healthcare for transgender youth while the U.S. Supreme Court reviews a similar Tennessee ban, though some briefing, including for summary judgment, was permitted to proceed.
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High Court Rulings Thwart Judge Romance Suit, Firm Says
Jackson Walker LLP urged a Texas federal court Wednesday to consider its argument that two recent U.S. Supreme Court rulings on standing prevent a former shareholder in an engineering company from pursuing a racketeering lawsuit over a bankruptcy judge's concealed romantic relationship with an ex-firm attorney.
Expert Analysis
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For The Future Of Legal Practice, Let's Learn From The Past
At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.
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Why All Law Firms Should Foster Psychological Capital
Law firms will be able to reap great long-term benefits if they adopt strategies to nurture four critical components of their employees' psychological wellness and performance — hope, efficacy, resilience and optimism, says Dennis Stolle at the American Psychological Association.
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ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers
Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.
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Pro Bono Work Is Valuable In IP And Continued Learning
The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.
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Increasing Public Access To Legal Services: A Practical Plan
Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.
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Priorities For Improving The Legal Industry In Texas
To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.
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Leading Your Law Firm's Creation Of A New Practice Group
Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.
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Series
Ask A Mentor: How Do I Relay Shortcomings To Associates?
Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.
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10 Principles For Effective Partner Reward Systems
Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.
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Why Interdisciplinarity Is Key To Designing The Future Of Law
The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.
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Series
Ask A Mentor: How Can New Partners Generate Business?
Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.
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9 Writing Tips From The Justices' Opinions Last Term
Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.
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What Web3 Means For Lawyers' Ethical Duties
As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.
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NY's Cybersecurity CLE Rule Is A Sign Of Changing Times
New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.