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Legal Ethics
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October 02, 2023
11th Circ. Affirms Toss Of LabMD's Suit Against Feds
The Eleventh Circuit on Friday held that a Georgia federal court correctly tossed LabMD Inc.'s suit alleging the Federal Trade Commission launched a fraudulent enforcement action against the company, saying the government is immune from prosecutions based on claims of misrepresentation or deceit.
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October 02, 2023
Lockheed Gets $93K Atty Fee In Fired Atty's Failed Suit
A Minnesota federal judge, following "some reduction to account for redundancies," awarded Lockheed Martin more than $93,000 in attorney fees Monday in a former in-house attorney's retaliation suit that the court threw out after finding she lied in a deposition last year.
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October 02, 2023
Judge Urges Trim Of Title Insurance Row Tied To Stolen Funds
A North Carolina magistrate judge recommended pruning a title insurance underwriter's suit against a title insurance agency, finding Monday that a state contract law doctrine bars some claims over closings involving a real estate firm at the heart of an FBI-led probe.
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October 02, 2023
Judge Says Chesebro Can Keep Atty In Ga. Election Case
The attorney representing Kenneth Chesebro, the former Trump campaign attorney accused of helping execute an alleged 2020 fake elector scheme, does not have a conflict of interest that will disqualify him from the Georgia election interference case, a Fulton County judge has ruled.
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October 02, 2023
Justices Turn Away 'Big Lie' Attys' Bid To Nix $187K Sanctions
The U.S. Supreme Court will not review the nearly $187,000 in sanctions ordered against two Trump-allied attorneys who launched a "frivolous" 2020 presidential election rigging suit.
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October 02, 2023
Emerson Radio Gets $3.1M Atty Fees, Enhanced TM Damages
Emerson Radio Corp. has been awarded about $3.1 million in attorney fees following its $6.5 million default win in a trademark infringement suit, with a Delaware federal judge saying fees were awarded due to "unreasonable" litigation conduct by the companies it sued.
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October 02, 2023
Anti-Gay Bias Undermines Murder Conviction, High Court Told
The trial of a man convicted in 1982 of fatally shooting his boss at a Massachusetts golf course was tainted by “egregious” anti-gay bigotry, requiring his murder conviction to either be overturned or reduced to manslaughter, the man’s attorney told the state’s highest court on Monday.
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October 02, 2023
Cigna Seeks $155K Atty Fee In 'Complex' COVID Test Site Row
Cigna Health and Life Insurance Co. is seeking $154,700 in attorney fees after a Connecticut federal judge sanctioned a medical practice chain that is suing the insurer for allegedly failing to properly reimburse for policyholders' COVID-19 tests.
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October 02, 2023
Bankman-Fried Can't Blame Attys In Openings, Judge Says
A New York federal judge barred indicted FTX founder Sam Bankman-Fried from pointing the finger at his former attorneys in his opening statement of his criminal fraud trial, but said he'll consider references to legal advice Bankman-Fried may have received on a "case-by-case" basis as the trial proceeds.
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October 02, 2023
Insurer Must Face Claim In Crowell & Moring Imbroglio
An Illinois state appellate court has revived allegations that a Blue Cross Blue Shield affiliate aided and abetted Crowell & Moring LLP in its purported breach of its fiduciary duties to former law firm client Walgreens, marking the latest twist in the pharmacy giant's legal battles involving the firm.
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October 02, 2023
Pa. Judge's Alleged 'Caustic' Comments Don't Violate ADA
"Unfriendly behavior" by a Pennsylvania state judge toward a diabetic attorney who suffered injuries in a car crash did not hinder the attorney's ability to access the court, a federal judge has determined, dismissing claims the state judge violated the Americans with Disabilities Act by discriminating and retaliating against him.
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October 02, 2023
CBD Investor's Suit Over Alleged Escrow Misuse Is Kept Alive
A company looking to invest in the CBD industry can pursue claims against a law firm for the use of funds in escrow by a business partner without authorization, a California federal judge has found, ruling that a jury could find that the money was moved without the plaintiff's approval.
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October 02, 2023
Justice Thomas Recuses As High Court Rejects Eastman Bid
The U.S. Supreme Court on Monday refused to take up an appeal from John Eastman, a former attorney for Donald Trump, that challenges a subpoena from the U.S. House of Representatives committee investigating the Jan. 6 Capitol riot seeking his emails, with Justice Clarence Thomas taking the unusual step of recusing himself.
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October 02, 2023
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery prepped for a makeover last week as new litigants sought legal fees, milestone payments, merger documents and more damages from opioid sales. Used car empire Carvana Inc.'s founders snagged a deal on super-voting stock, and clothing retailer Guess Inc. ironed out a stockholder dispute over sexual misconduct.
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October 02, 2023
Ex-Philly Tax Atty Denied Reinstatement From Suspension
A Philadelphia tax and family law attorney whose law license had been suspended in 2019 will not get it back yet, after the state Supreme Court denied his request for reinstatement Thursday based on the court's disciplinary board calling his behavior during his suspension the "antithesis of rehabilitative efforts."
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October 02, 2023
Ga. Power Cos. Fight 'Absurd' Sanctions Bid In Contract Row
The Georgia Renewable Power subsidiaries behind two biomass plants told the Georgia State-wide Business Court that an Atlanta-area renewable energy certificate broker's request for discovery misconduct sanctions is "absurd," and maintained that agreed-upon discovery deadlines for their suit against the broker should not change.
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October 02, 2023
Quinn Emanuel In Contempt As Columbia Univ. IP Win Grows
A Virginia federal judge nearly tripled the amount a jury said NortonLifeLock Inc. owes Columbia University for willfully infringing anti-malware patents, and held Quinn Emanuel Urquhart & Sullivan LLP in contempt for misconduct earlier in the litigation.
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October 01, 2023
Law360 MVP Awards Go To 171 Attys At 76 Firms
The attorneys chosen as Law360's 2023 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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September 29, 2023
Eastman Not 'Special,' Judge Says In Expert Witness Flap
A California State Bar judge lectured John Eastman's attorney on Friday for attempting again to have a witness deemed an expert despite previous rejections, telling the attorney it's a basic rule being broken and Eastman won't get "special treatment" at his disbarment trial.
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September 29, 2023
1st Guilty Plea In Georgia Trump Election Interference Case
Atlanta bail bondsman Scott Graham Hall on Friday became the first defendant to plead guilty in the Georgia election interference case against former President Donald Trump and others, a federal judge ruled that former U.S. Department of Justice official Jeffrey Clark can’t move his prosecution to federal court, and the court rejected a bid by former Trump campaign attorney Kenneth Chesebro to suppress his emails from evidence. Here Law360 breaks down the latest developments in the case.
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September 29, 2023
Texas High Court Allows NJ Atty To Escape Contract Fight
The Supreme Court of Texas won't review a Texas appellate court decision that it didn't have jurisdiction over a New Jersey attorney to make him face claims that he allegedly breached his fiduciary duty in contract negotiations between a Delaware corporation he once served on the board of and a Dallas-based company he had connections to.
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September 29, 2023
Mosby Asks To Tell Jury Retirement Funds Were 'Her' Money
Former Baltimore state's attorney Marilyn Mosby urged a federal judge Friday to reject prosecutors' attempt to prevent her from arguing at her upcoming trial that money she took from her retirement account under allegedly false pretenses was "her" money.
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September 29, 2023
Pro Say: A Cheat Sheet For The New Supreme Court Term
The U.S. Supreme Court justices return to the bench on Monday for a new term sure to have an impact, with issues ranging from gun ownership rights in domestic violence cases to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media.
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September 29, 2023
Immigration Law Scammer To Pay $230K, Wash. AG Says
A Seattle business accused of scamming Brazilian immigrants in need of legal services out of thousands of dollars will now have to pay up to nearly $230,000 in restitution and fines under a Washington Superior Court judge's order, according to the state attorney general's office.
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September 29, 2023
Mich. Panel Trims Ex-Prosecutor's Whistleblower Suit
A Michigan appellate panel significantly pared a former assistant county prosecutor's wrongful termination lawsuit Thursday but said the attorney could proceed on a single claim that she experienced retaliation for reporting what she believed to be an illegal plea deal.
Expert Analysis
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Alleged $636M Deal Error Shows Value Of Old-School Methods
Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Nev. Insurance Law May Mean Turmoil In Liability Market
Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.
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Lessons From High-Profile Witness Tampering Allegations
As demonstrated by recent developments in the cases against former President Donald Trump and FTX founder Sam Bankman-Fried, allegations of witness tampering can carry serious consequences — but attorneys can employ certain strategies to mitigate the risk that accusations arise, says Kenneth Notter at MoloLamken.
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Covington Ruling Strengthens SEC's Enforcement Powers
A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.