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Business of Law
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April 18, 2024
NYC Bar Rips Hochul Plan To Divert Client Trust Interest Cash
The New York City Bar Association urged Gov. Kathy Hochul Thursday to reconsider her "eleventh-hour" renewed plan to divert $55 million in interest earned on lawyer trust accounts that typically goes toward legal aid for low-income New Yorkers, saying the "deeply troubling" move undermines the independence of the legal profession.
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April 18, 2024
Law School Deans Fight ABA's 'Unnecessary' New Standards
More than 70 law school deans have criticized the American Bar Association's latest proposal to standardize law school course curricula, calling many of the changes "unnecessary" and counterproductive to legal education goals and part of a larger trend by the ABA council to exercise greater regulatory control over schools.
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April 18, 2024
Dunn Can't Nix Fiduciary Breach Charge As Ethics Trial Wraps
A California state bar judge denied Joseph Dunn's bid at the close of his disciplinary trial Thursday to toss a fiduciary breach charge, rejecting the former state bar executive director's argument that no evidence had been introduced to support the allegation.
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April 18, 2024
Fed. Circ. Maintains Newman Can't Invalidate Disability Law
Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.
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April 18, 2024
Trump Again Seeks Delay In Fla., Says Attys Tied Up In NY
Counsel for Donald Trump in the ex-president's federal classified documents case in Florida again asked on Thursday to extend disclosure deadlines, contending that their client would be prejudiced without more time while some of them defend Trump in his hush money case in New York.
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April 18, 2024
Tully Rinckey Fights Suspension Bid In Atty Contract Dust-Up
An attorney for Tully Rinckey PLLC's two founders told a D.C. legal ethics board on Thursday that a proposal to suspend his clients over restrictions the firm placed on departing lawyers was "a totally disproportionate response" to the allegations against them.
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April 18, 2024
Troutman Pepper, Locke Lord Eye Merger To Buff Focus Areas
Troutman Pepper Hamilton Sanders LLP and Locke Lord LLP are in merger talks to create a combined firm with more than 1,600 attorneys and nearly $1.6 billion in revenue, in what appears to be an effort to lock in both firms' leadership in six industry sectors.
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April 18, 2024
Dems Propose Inspector General For High Court, Judiciary
Democratic lawmakers introduced a bill Thursday that would create an inspector general's office for the judicial branch to investigate and report on allegations of misconduct lodged against U.S. Supreme Court justices, as well as judges throughout the federal judiciary.
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April 18, 2024
NY Appeals Court Revives AI Firm CLO's Claim For Pay
In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.
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April 18, 2024
Ousted Clerk Was A 'Loose Cannon,' NC Justices Told
An attorney who started proceedings that led to the ouster of former Franklin County Clerk of Court Patricia Chastain urged the North Carolina Supreme Court to keep her out of office, arguing that she undermined judicial authority through a series of incidents, including a "vulgar" accidental call to a magistrate judge.
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April 18, 2024
9th Circ. Affirms Rosette's Win In Tribe Representation Fight
The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.
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April 18, 2024
3rd Circ. Hesitates To Hear Hunter Biden Appeal In Gun Case
The Third Circuit suggested it may be premature to hear Hunter Biden's appeal of a Delaware federal court's denial of his three motions to dismiss felony firearm charges.
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April 18, 2024
7th Circ. Nom Heads To Senate Despite GOP Backlog Criticism
The Senate Judiciary Committee advanced five judicial nominees Thursday, including U.S. District Judge Nancy L. Maldonado, a nominee for the Seventh Circuit, whom Republicans had questioned about a backlog of cases in her court.
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April 18, 2024
Shook Hardy Lands Bicoastal Trial Team From Carlton Fields
Shook Hardy & Bacon LLP announced Thursday that it has brought on a highly experienced, four-attorney complex litigation team from Carlton Fields that is based in Los Angeles, Miami and Atlanta.
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April 18, 2024
Jury Of 12 Picked For Trump Hush Money Case In NY
A jury of 12 New Yorkers was selected Thursday for the hush money trial of former President Donald Trump on charges he falsified business records to keep news of an extramarital affair from damaging his 2016 electoral prospects.
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April 17, 2024
Ethics Panel Douses Judge DQ Talk In 5th Circ. CFPB Case
A judicial ethics panel has concluded that recusal isn't automatically required for the Fifth Circuit judge whose financial disclosures have fueled calls for his disqualification from litigation challenging the Consumer Financial Protection Bureau's $8 credit card late fee rule.
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April 17, 2024
UC Berkeley Law Dean Vouches For Dunn At Disciplinary Trial
University of California, Berkeley School of Law Dean Erwin Chemerinsky testified as a character witness Wednesday in attorney Joseph Dunn's disciplinary trial, saying he holds the ousted California State Bar executive director in the highest regard, and his opinion is unlikely to change whatever the trial's outcome.
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April 17, 2024
Mintz Sues Parking Meter Co. Over $4.3M IP Legal Bill
Mintz Levin Cohn Ferris Glovsky and Popeo PC sued parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., in Massachusetts federal court Tuesday, accusing its former clients of owing $4.3 million in unpaid legal fees and interest for representing CivicSmart in a since-settled patent litigation.
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April 17, 2024
Menendez Trial Date In Limbo Over Pact On Atty's Testimony
A co-defendant's reticence has stalled an agreement on the scope of a Gibbons PC attorney's testimony in the bribery case of U.S. Sen. Robert Menendez and two New Jersey businessmen, leaving the much-litigated trial date of May 6 in limbo.
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April 17, 2024
SEC Has Careful Eye On Disclosures Amid Israel-Hamas War
Against the backdrop of protracted war, the U.S. securities watchdog is urging U.S.-listed Israeli companies to disclose more details describing how the Israel-Hamas conflict is affecting their operations in order to keep investors apprised of risks, lawyers say.
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April 17, 2024
Bankman-Fried Appeal May Cite Unusual Preview Testimony
Sam Bankman-Fried's appeal of his conviction and 25-year prison sentence may cite a "rather unprecedented" trial procedure in which the FTX founder gave provisional testimony before officially taking the witness stand last year, one of his attorneys said Wednesday.
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April 17, 2024
GOP Sens. Raise Ethical Concerns Over 6th Circ. Nominee
Republicans went after a nominee for the Sixth Circuit during a hearing on Wednesday over allegations that he has behaved unethically as a prosecuting attorney, and that the White House picked him through a "backroom deal."
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April 17, 2024
Conn.'s 1st Female Justice Remembered As Trailblazer
Ellen Ash Peters, the first woman appointed to the Connecticut Supreme Court and, later, the first woman elevated to chief justice, has died at age 94, the Connecticut Judicial Branch confirmed Wednesday.
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April 17, 2024
Biden Taps Kaplan Hecker, MoFo Attys For DC Appeals Court
President Joe Biden on Wednesday announced he is nominating a Kaplan Hecker & Fink LLP civil rights litigator and the co-chair of Morrison Foerster LLP's appellate and Supreme Court practice to serve on the D.C. Court of Appeals.
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April 17, 2024
Acclaimed Legal Scholar Earns ABA Ethics Award
The American Bar Association on Wednesday announced that this year's recipient of its Michael Franck Professional Responsibility Award will be Susan Fortney, a Texas A&M University School of Law professor and ethics expert whose research has earned her international recognition.
Expert Analysis
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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The Lawyer Personalities That Make Up Joint Interest Groups
As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.
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How ITC's Junior Atty Program Can Benefit Firms, Clients
Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.
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Apple's New Messaging Features Will Complicate E-Discovery
Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.
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Law Firm Inclusion Efforts Often Overlook Business Staff
Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.
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Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases
A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.
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An Associate's Guide To Rebounding After A Layoff
Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.
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AML Regulation Of Lawyers Is Imminent And Controversial
The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.
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Key Adaptations For Law Firms Amid Quiet Quitting Movement
While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
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2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment
The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.
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Creating A Hybrid Work Policy? Be Intentional And Inclusive
The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.
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A Law Firm's Guide To Humane Layoffs As Recession Looms
Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.