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Legal Ethics
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March 13, 2024
NJ Ethics Board Says Referral Fees Only For In-State Attys
New guidance provided by the New Jersey Supreme Court's Advisory Committee on Professional Ethics recommends against the payment of referral fees for out-of-state lawyers, reasoning that such fees, considered payment for legal services, can only be provided to attorneys licensed to practice law in the state.
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March 12, 2024
Trump Floats Quasi-Advice Of Counsel Defense For NY Trial
Donald Trump's attorneys told a New York judge they will argue that he lacked intent to commit the felonies alleged in his hush money case because the former president knew he had attorneys involved in the payoffs to women during his 2016 election campaign, but that it's not quite an advice-of-counsel defense.
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March 12, 2024
Colo. Justices Fret Over Victimized Judges' Bias
Colorado Supreme Court justices seemed leery Tuesday of reversing a judge who refused to recuse herself in a criminal case after revealing she was the victim of a similar crime, with justices seeking to balance the specter of forced recusals with the erosion of defendants' due process rights.
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March 12, 2024
Startup Founder's Attys Come 'Very Close' To More Sanctions
A Colorado federal judge has said a geothermal startup founder's arguments for why one of his attorneys should not be sanctioned for discovery violations were "preposterous" and warned his lawyers that they came "very close" to being penalized again.
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March 12, 2024
Porn Stars Seek To Drop Meta Suit Due To Lack Of Evidence
Three adult entertainment performers told a California federal court on Monday that they want to drop their lawsuit claiming that Meta conspired with OnlyFans' parent to block ads for the risqué platform's competitors, saying Meta told their counsel that there's no evidence that the women's social media accounts were blacklisted.
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March 12, 2024
Mich. Firms Mishandled $38M Trusts, Suit Says
A pair of Michigan law firms didn't properly advise the trustee of a construction mogul's trusts worth more than $38 million, leading the trusts to pay excessive attorney fees, lose most of their value and miss out on tax breaks, a special fiduciary tasked with investigating the trusts' handling has alleged.
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March 12, 2024
Vidal Gives OpenSky Temporary Break On VLSI Atty Fees
U.S. Patent and Trademark Office Director Kathi Vidal is standing by her decision ordering OpenSky Industries to pay VLSI Technology $413,000 for court proceedings tied to the former's misconduct, but allowed the company an extension to make that payment.
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March 12, 2024
Ohio Atty Disbarment Sparks Call For Criminal Rule Change
The Ohio Supreme Court on Tuesday disbarred an attorney convicted of joining her boyfriend in the sexual abuse of his young daughter, rejecting as too lenient a state ethics board's recommendation that the attorney be suspended, and resurfacing a call for criminal justice reform from one justice of the court.
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March 12, 2024
Ex-Judge Loses Suit Over 'Tsunami Of Public Ridicule'
An appellate court has refused to revive a former New York state trial court judge's suit accusing a Democratic county committee and several related officials of releasing a "tsunami of public ridicule" against her, saying her breach of contract claims lacked legal standing and her defamation claim was untimely.
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March 12, 2024
Ex-Bankruptcy Judge Cites Judicial Immunity To Escape Suit
Former Texas bankruptcy judge David R. Jones — whose failure to disclose a romantic relationship with an ex-Jackson Walker LLP attorney ignited a major judicial ethics scandal — has moved to dismiss a disgruntled investor's suit that claims Jones gave a Jackson Walker client preferential treatment during its Chapter 11 case, citing judicial immunity.
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March 12, 2024
Ga. Judge Says Lin Wood Did Defame Ex-Colleagues
A Georgia federal judge handed a win to former colleagues of former attorney L. Lin Wood in their defamation suit on Tuesday, ruling that Wood falsely accused them of criminal extortion.
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March 12, 2024
Philly Firm Says 'Education Lawyers' TM Is Incontestable
A Philadelphia law firm says its use of "The Education Lawyers" to market its service is an incontestable trademark, rendering a rival's challenge completely groundless, according to a motion to dismiss filed in Pennsylvania federal court.
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March 12, 2024
Head Of Rutgers Race Justice Program Defends 3rd Circ. Nom
The director of a Rutgers University program that has drawn controversy amid a confirmation battle for a Third Circuit seat said Tuesday that she is "disappointed though not surprised" by the attacks on nominee Adeel Mangi, who would be the first Muslim federal appeals court judge if confirmed.
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March 12, 2024
Ga. Attys Face Sanctions Bid Over 'Factually Impossible' Suit
Companies operating vessels in a Georgia port have fired off a request to sanction a Peach State law firm that pursued claims that the businesses failed to protect a worker against COVID-19, saying the attorneys brought a "factually impossible" suit that was dismissed by a federal court last month.
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March 12, 2024
Paul Weiss' Digital Tech Chair On AI's Promises And Perils
While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.
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March 12, 2024
LG Assistant GC Suspended In NJ For Side-Work Misconduct
The New Jersey Supreme Court has handed a minimum three-month suspension to an in-house attorney for LG Electronics over misconduct he committed while operating a side practice, including commingling client funds and mishandling two estates.
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March 11, 2024
3rd Circ. Pick Affirms Muslim Lawyer Event Amid GOP Attacks
Third Circuit nominee Adeel Mangi, who will be the first Muslim federal appeals court judge if confirmed and has been facing attacks from Republicans, has updated the Senate Judiciary Committee with an event he "inadvertently" left off his nominee questionnaire.
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March 11, 2024
Forex Firm Wants CFTC Sanctioned For 'Bad Faith' Behavior
A foreign exchange firm accused by the U.S. Commodity Futures Trading Commission of defrauding customers is calling on a New Jersey federal judge to sanction the agency for a "pattern of misconduct" that includes knowingly submitting false statements to the court and attempting to intrude on attorney-client privilege.
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March 11, 2024
3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling
The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.
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March 11, 2024
Fla. Judge Says Campaign Speech Didn't Violate Ethics Rules
A Florida state court judge charged with ethics violations is attempting to stop a disciplinary panel from presenting evidence that a speech she made during a campaign against a rival in 2022 violated the Florida Code of Judicial Conduct, saying that it's protected by the First Amendment.
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March 11, 2024
Atty For Alex Jones' Infowars Gets OK To Bow Out Of Case
A Texas bankruptcy judge on Monday approved a request by the lead attorney for Alex Jones' media company to step away from work on its Chapter 11 case following disputes with the debtor's chief restructuring officer, who the lawyer said withheld pay in retaliation for the conflict.
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March 11, 2024
Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling
A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.
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March 11, 2024
DC Circ. Probes Gov't Trial Strategy For Ex-HUD Official
A former assistant inspector general for the U.S. Department of Housing and Urban Development who is urging the D.C. Circuit to toss his conviction for falsifying government documents seemed to get a sympathetic ear from at least one judge during oral arguments on Monday.
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March 11, 2024
Atty, Marketing Biz Knock Call To Continue Hurricane Ad Suit
A legal advertising company and an attorney are objecting to a Texas federal judge's recent decision in favor of a woman pressing class claims over legal advertising to Louisiana hurricane victims, arguing that the woman still hasn't shown concrete injury.
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March 11, 2024
Ga. Panel Finds $43M Trust Not On Hook For Legal Fees
The Georgia Court of Appeals rejected a request from beneficiaries of a $43 million furniture fortune, finding on Monday that the trust's ex-trustees should not be saddled with attorney fees and litigation costs while the trust's beneficiaries sued them for allegedly mishandling the trust and overpaying themselves.
Expert Analysis
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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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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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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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.
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What AML Bill Could Mean For Firms, Funds And FinCEN
If passed, an amendment within Congress’ annual defense bill would expand the list of institutions subject to anti-money laundering regulations, from law firms to investment funds, creating potential rulemaking and enforcement challenges for the Financial Crimes Enforcement Network, say attorneys at Arnold & Porter.