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Courts
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Dewberry Ruling May Lead To More Defendants In TM Fights
Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.
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Committee Advances Conn. Appeals Judge's Nom To Top Court
The Connecticut legislature's joint judiciary committee on Wednesday advanced the nomination of Appellate Court Chief Judge William H. Bright Jr. to the state's Supreme Court and send the names of a dozen other hopefuls — including attorneys from Lewis Brisbois Bisgaard & Smith LLP, Morgan Lewis & Bockius LLP and Shipman & Goodwin LLP — to the full legislature for consideration.
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Texas Chief Justice Blasts ABA, Urges 'Politically Neutral' Bar
Texas Supreme Court Justice Jimmy Blacklock urged state lawmakers Wednesday to approve judicial pay hikes while denouncing the American Bar Association's criticism of federal policies and calling for the state bar to remain "politically neutral."
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Litigator Paul Clement Called 'Sensible' Pick For Adams Case
Prolific conservative U.S. Supreme Court litigator Paul D. Clement is a "talented," "wise" and "sensible" selection to look into and potentially argue against the federal government's effort to dismiss the corruption case facing New York Mayor Eric Adams, attorneys who know Clement say.
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Solicitor General Pick Says Trump Won't Skirt Court Orders
President Donald Trump's pick for U.S. Solicitor General told senators Wednesday that he saw no "plausible scenario" in which the president would defy a court order despite contrary suggestions from members of his administration, frustrating Democrats during a committee hearing on three U.S. Department of Justice nominees.
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Justices Open To Nixing Higher Hurdle For Heterosexual Bias
The U.S. Supreme Court hinted Wednesday that it will find heterosexual bias claims should not be held to a stricter burden of proof when it decides if an Ohio agent discriminated against a worker because she's straight, with Justice Samuel Alito noting "radical agreement" among the parties that the Sixth Circuit held her to a higher standard than other Title VII plaintiffs.
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SDNY Complex Frauds, Cybercrime Pro Joins Pryor Cashman
The former chief of the U.S. Attorney's Office for the Southern District of New York's complex frauds and cybercrime unit has joined Pryor Cashman LLP's white collar and regulatory enforcement practice as a partner, the firm said Wednesday.
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DA Willis Loses 'Absurd' Bid To Nix Trump Probe Subpoenas
A Georgia state judge has denied Fulton County District Attorney Fani T. Willis' bid to quash multiple subpoenas against her from a state Senate committee investigation into her prosecution of President Donald Trump in an election interference case, finding that her argument would set "an absurd" precedent.
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DC Judge Extends Order Keeping Special Counsel In Place
A D.C. federal judge on Wednesday ordered the Trump administration to keep the fired head of the U.S. Office of Special Counsel in the post for another three days while the court deliberates the merits of the federal employment watchdog's claims that President Donald Trump lacks the authority to remove him from office without cause.
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Adams Says SDNY Memo Leaks Doom His Bribery Case
New York City Mayor Eric Adams opened up a new line of attack against his federal corruption case Wednesday, arguing that the judge must dismiss the charges due to the "extreme prejudice" caused by leaked Justice Department memos alleging a quid pro quo between the mayor and the Trump administration.
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Hecker Fink Opens LA Shop With Former Federal Prosecutors
New York-based litigation boutique Hecker Fink LLP is expanding to the West Coast, bringing in two former federal prosecutors to open a Los Angeles office.
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NJ RICO Case Toss Leaves AG Irate, Defense Attys Elated
The erasure of a massive racketeering indictment against New Jersey power broker George E. Norcross III, politically connected attorneys and others on Wednesday drew a sharp rebuke from Attorney General Matt Platkin while defense attorneys gloated.
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Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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Justices Vacate TM Award That Put Co.'s Affiliates On Hook
The U.S. Supreme Court on Wednesday vacated an award that reached nearly $47 million in a trademark dispute that questioned whether affiliates of a real estate development company should be liable for the payment even though they were not defendants in the case.
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High Court Mulls Bounds Of Supervised Release Sentencing
Lower court judges have strayed from what Congress says are the only factors that may be considered when sentencing offenders for violating their supervised release, the Supreme Court heard Tuesday, as the justices address a circuit split regarding the purposes of such sentences.
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Karen Read Attys Say Expert Bill Came 'Out Of The Blue'
Lawyers for Karen Read, the Massachusetts woman accused of running down her Boston police officer boyfriend three years ago, pushed back Tuesday on accusations by the prosecution that they intentionally misled a jury about their connection to two expert witnesses.
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How To Track Trump's Legal Battles
President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.
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Newman Says Fed. Circ. Doctors Undermine Suspension Case
Federal Circuit Judge Pauline Newman has said the court's other judges have undermined their claims about why they suspended her, by retaining experts who questioned reports from her own doctors finding her fit to serve as a judge.
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3 Attys Reprimanded, 2 DQ'd In Ala. Judge Shopping Probe
An Alabama federal judge on Tuesday publicly reprimanded three attorneys for judge shopping during their legal efforts against a state law criminalizing gender-affirming care, saying that the trio practiced in bad faith and dropping two of them from litigating the case.
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Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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High Court Split Over Civil Rights Jury Trials For Prisoners
The U.S. Supreme Court appeared evenly divided Tuesday over whether the Seventh Amendment guarantees prisoners the right to a jury trial when disputed facts regarding exhaustion of remedies are intertwined with their underlying claims, including allegations of sexual misconduct and retaliation.
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NC High Court Hopeful Says Ballot Count Defied State Law
A North Carolina judge is pressing forward with his legal battle to throw out more than 60,000 ballots in a race he lost by just 734 votes, arguing in a newly filed appellate brief that the state Elections Board has ignored voter registration laws for decades.
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Justices Limit 'Prevailing Party' Status For Atty Fees
Litigants will no longer be considered the "prevailing party" — and thus won't be eligible for attorney fees — if they achieve courtroom victories via preliminary injunction instead of a final judgment, the U.S. Supreme Court has found, in a ruling that's expected to be a blow to legal advocacy groups.
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Ex-NJ Judge Says Judiciary Still Retaliating In Pension Fight
A former New Jersey Superior Court judge has asked a state court to amend her suit challenging the denial of her disability pension application a second time, alleging that the state judiciary has further retaliated against her by requiring her to spend over $200,000 to qualify for a deferred early retirement pension.
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Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
Expert Analysis
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Series
Ask A Mentor: How Do I Take Time Off?
David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.
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Law Firms Must Prioritize Mental Health In Internal Comms
The traditional structure of law firms, with their compartmentalization into silos, is an inherent challenge to mental wellness, so partners and senior lawyers should take steps to construct and disseminate internal action plans and encourage open dialogue, says Elizabeth Ortega at ECO Strategic Communications.
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Our Current Approach To Trial Advocacy Training Is Lacking
The key to trial advocacy is persuasion, but current training programs focus almost entirely on technique, making it imperative that lawyers are taught to be effective storytellers and to connect with their audiences, says Chris Arledge at Ellis George.
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How Women In Law Can Advance Toward Leadership Roles
Female attorneys in leadership roles inspire other women to pursue similar opportunities in a male-dominated field, and for those who aspire to lead, prioritizing collaboration, inclusivity and integrity is key, says Kim Yelkin at Foley & Lardner.
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The Case That Took Me From Prosecutor To Defense Attorney
Former Assistant U.S. Attorney Moira Penza, now at Wilkinson Stekloff, recalls the challenges of her first case as a civil defense attorney — a multibillion-dollar multidistrict class action against Allergan — and the lessons she learned about building rapport in the courtroom and with co-counsel.
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The Importance Of Legal Macroeconomics Education For Attys
Most legal professionals lack understanding of the macroeconomic trends unique to the legal industry, like the rising cost of law school and legal services, which contributes to an unfair and inaccessible justice system, so law school courses and continuing legal education requirements in this area are essential, says Bob Glaves at the Chicago Bar Foundation.
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Opinion
It's Time To Hold DC Judges Accountable For Misconduct
On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.
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What ABA Student Well-Being Standards Mean For Law Firms
While the American Bar Association's recent amendments to its law school accreditation standards around student well-being could have gone further, legal industry employers have much to learn from the ABA's move and the well-being movement that continues to gain traction in law schools, says David Jaffe at the American University Washington College of Law.
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Series
Ask A Mentor: How Do I Build Rapport In New In-House Role?
Tim Parilla at LinkSquares explains how new in-house lawyers can start developing relationships with colleagues both within and outside their legal departments in order to expand their networks, build their brands and carve their paths to leadership positions.
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What Attys Should Consider Before Taking On Pro Bono Work
Excerpt from Practical Guidance
Piper Hoffman and Will Lowrey at Animal Outlook lay out suggestions for attorneys to maximize the value of their pro bono efforts, from crafting engagement letters to balancing workloads — and they explain how these principles can foster a more rewarding engagement for both lawyers and nonprofits.
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Opinion
NY Bar Admission Criminal History Query Is Unjust, Illegal
New York should revise Question 26 on its bar admission application, because requiring students to disclose any prior interaction with the criminal justice system disproportionately affects people of color, who have a history of being overpoliced — and it violates several state laws, says Andrew Brown, president of the New York State Bar Association.
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7 Ways Attys Can Improve Their LinkedIn Summaries
Lawyers can use LinkedIn to strengthen their thought leadership position, generate new business, explore career opportunities, and better position themselves and their firms in search results by writing a well-composed, optimized summary that demonstrates their knowledge and experience, says Guy Alvarez at Good2bSocial.
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How Law Firms And Attys Can Combat Imposter Syndrome
Imposter syndrome is rampant in the legal profession, especially among lawyers from underrepresented backgrounds, leading to missed opportunities and mental health issues — but firms can provide support in numerous ways, and attorneys can use therapeutic strategies to quiet their inner critic, says Helen Pamely at Rosling King.
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The Law Firm Qualities Partners Seek In Lateral Moves
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In 2022, partners considering lateral moves have new priorities, and firms that hope to recruit top talent will need to communicate their strategy for growth, engage on hot issues like origination credit and diversity initiatives, and tailor their integration plans toward expanding partners’ client base, says Gloria Sandrino at Lateral Link.
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Small Steps Can Help Employers Beat Attorney Burnout
Lawyers are experiencing burnout on a massive, unprecedented scale due to the pandemic, but law firms and institutional players can and should make a difference by focusing on small, practical solutions that protect their attorneys’ most precious personal resource and professional commodity — time, says Chad Sarchio, president of the District of Columbia Bar.