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Legal Ethics
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May 28, 2024
High Court Passes On Collection Firm's CFPB Funding Fight
The U.S. Supreme Court said Tuesday that it won't take up a now-shuttered debt collection law firm's fight against an investigative demand by the Consumer Financial Protection Bureau, turning down a case that covered the same constitutional ground as one that the justices recently decided in the agency's favor.
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May 28, 2024
Int'l Judge Pushes Back Against Russia Amicus Allegations
Prominent arbitrator and international Judge Charles Brower is pushing back against claims from the Kremlin that conflicts of interest should bar his amicus brief to the D.C. Circuit in support of Yukos Oil Co. shareholders' $50 billion arbitration enforcement.
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May 28, 2024
Colo. Justices Say Actual Bias Not Needed To Recuse Judges
Colorado justices on Tuesday said that litigants don't need to prove actual bias to disqualify a judge but still need to get pretty close to that standard, finding a judge who was shot at in her car did not need to step down from a road rage case.
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May 28, 2024
Ex-Florida Atty Accused Of Failing To Deliver Condo Proceeds
A disbarred attorney was sued in Florida state court by a client who alleged fraud and breach of fiduciary duty in a Miami Beach condominium foreclosure action, saying he misappropriated more than $68,000 in proceeds.
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May 28, 2024
Ex-Ill. Prosecutor Arrested, Charged For Woodchipper Threat
A former assistant state's attorney in suburban Chicago's DuPage County has been arrested and charged with threatening the children of two Illinois state representatives in an online post in which he allegedly suggested he would put them into a woodchipper.
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May 28, 2024
Wisconsin Atty Gets 5½ Years For $2.3M Fraud, Tax Evasion
An attorney licensed in Wisconsin has been sentenced to 5½ years in federal prison and ordered to pay around $2.3 million in restitution for her involvement in multiple fraud schemes, the U.S. Department of Justice announced Tuesday.
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May 28, 2024
American To Cut Attys Who Blamed Child Filmed In Bathroom
Wilson Elser Moskowitz Edelman & Dicker LLP attorneys are on the brink of being removed as counsel for American Airlines in a Texas state lawsuit over an ex-flight attendant's secret bathroom recording of a 9-year-old girl.
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May 28, 2024
Coverage Recap: Day 17 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day 17.
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May 28, 2024
Calif. Judge Cops To Ethics Charges, Agrees To Step Down
A California judge censured and barred for multiple ethics violations, including drug use, inappropriate personal relationships with attorneys and making inappropriate comments, including antisemitic remarks, about litigants and attorneys, has resigned as of Monday.
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May 28, 2024
Ga. Law Firm Beats Sanctions Over Fatal Crash Mistrial
The Georgia Court of Appeals has thrown out sanctions against an Atlanta civil litigation law firm requiring the firm to pay more than $584,000 in attorney fees and costs for not uncovering a purported conflict that caused a mistrial in a fatal crash lawsuit, finding the trial court's decision was excessive and not supported by evidence.
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May 28, 2024
Trump's Florida Prosecutors Scolded For Gag Order Filing
The Florida federal judge overseeing Donald Trump's classified documents case on Tuesday temporarily rejected the government's request for a limited gag order and admonished prosecutors for what she said was a lack of "substance and professional courtesy" in their conferral with defense attorneys before filing the motion.
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May 28, 2024
Beasley Allen, J&J Trade Barbs Over DQ Bid In Talc Litigation
Johnson & Johnson and the Beasley Allen Law Firm have accused each other by turns of "gamesmanship" and "unscrupulous conduct" in New Jersey courts in a fight over whether the firm should be disqualified from talcum powder litigation for allegedly collaborating in secret with a former J&J outside counsel.
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May 28, 2024
Legal Lenders Can't Avoid Hurricane Ads Suit, Plaintiff Argues
Funding companies that lent $20 million to a Texas law firm accused of using it to deceptively solicit hurricane victims can't escape liability by claiming they didn't know how attorneys were using the money or "simply because they don't have offices in the state," according to a Louisiana woman at the forefront of a putative class action.
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May 28, 2024
Justices Won't Hear Avenatti Appeal Of Nike Conviction
The U.S. Supreme Court on Tuesday declined to hear an appeal from Michael Avenatti challenging his conviction for trying to extort millions from Nike, with the high court's rejection ending the disbarred attorney's chances at overturning one of his three criminal convictions.
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May 28, 2024
Lin Wood Wants Fraud Claims Kept Out Of Defamation Trial
Controversial attorney Lin Wood has asked a Georgia federal judge to bar his former law partners, who allege he falsely accused them of attempted extortion, from introducing evidence at an upcoming August trial related to two separate and still pending suits filed against him in Fulton County.
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May 28, 2024
Serial Numbers Tie Gold Bars To Menendez, Jury Hears
The executive assistant of a New Jersey real estate developer on trial alongside U.S. Sen. Robert Menendez linked her boss to some of the gold bars found in the congressman's New Jersey home, confirming Tuesday that the serial numbers of her employer's stash of bars matched the ones stamped on the flashy evidence.
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May 24, 2024
5 Themes That Could Determine Trump's NY Criminal Trial
With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.
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May 24, 2024
Fla. Bar Seeks Longer Penalty Over Atty's Campaign Speech
In a notice filed with the Florida Supreme Court on Wednesday, the Florida Bar said it would seek a 91-day suspension for Georgia-based attorney Christopher W. Crowley, rather than a recommended 60-day suspension after a referee said Crowley disparaged Amira Fox several times when both were running for 20th Judicial Circuit state attorney.
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May 24, 2024
No-Show Plaintiff, 'Jackass' Atty Booted Too Fast, Court Says
A Michigan appellate court sympathized with a trial court dealing with a no-show plaintiff and his lawyer who acted like a "jackass" — according to one appellate judge — but ruled Thursday that the trial court needed to do a better job documenting why it tossed the case instead of issuing a lesser sanction.
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May 24, 2024
Carhartt Heiress Atty Can't Get Mistrial Over Own Witness
A Michigan attorney can't get a mistrial in a criminal case accusing him of embezzling millions from his wealthy Carhartt heiress client after his own witness discussed the heiress' $37 million potential loss during cross-examination, with a state judge saying Friday he was mystified why the witness was even called but that the defense had insisted on it.
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May 24, 2024
Cannabis Company Fights Sanctions Bid In $10M Contract Suit
A cannabis company has opposed a sanctions request in a dispute surrounding its merger with Connecticut marijuana business Theraplant LLC, saying it met document production deadlines despite an opposing attorney's claim that he couldn't open a link emailed at 11:53 p.m. via a password that followed at 11:59 p.m.
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May 24, 2024
NJ Panel Won't Revive Atty's Turnpike Authority Harassment Suit
A New Jersey state appeals court panel stood by an attorney's loss Friday in his suit claiming the New Jersey Turnpike Authority and its officials held him back from promotions and raises and harassed him based on his military service in the U.S. National Guard.
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May 24, 2024
Atty Says Loss Of BP Spill Claim Was Client's Fault, Not Firm's
Texas attorney Brent W. Coon has told a Houston court that his firm's alleged botching of a former client's lawsuit stemming from the 2010 Deepwater Horizon spill was actually the client's fault, as he failed to provide the firm with a sworn statement to attach to his complaint per a court's order.
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May 24, 2024
Alec Baldwin Must Face 'Rust' Shooting Charges
A New Mexico state judge on Friday denied Alec Baldwin's motion to dismiss his indictment on involuntary manslaughter charges in the fatal on-set shooting of a cinematographer during the filming of "Rust" in Santa Fe, rejecting the actor's claims of prosecutorial misconduct before the grand jury.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
Expert Analysis
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Indemnification In Exec Separation Deals: Read The Fine Print
The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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The Crucial Privilege Exception At Play In Trump Indictment
Following Donald Trump’s recent indictment for retaining classified documents, Hilary Gerzhoy at HWG explains how his attorney’s notes of their conversations became admissible in the case, what it means for the attorney's representation of Trump, and what obligations lawyers have in similar circumstances.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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What To Know About Recent Trends In PTAB Sanctions
Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.