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Legal Ethics
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May 02, 2024
Feds Want Prison For Ex-Public Defender For Tax Fraud
A former chief public defender in Minneapolis who in seeking leniency said he resigned in disgrace amid accusations that he failed to pay taxes for years on his private law firm should nonetheless spend eight months in prison after pleading guilty, prosecutors told a Minnesota federal court.
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 01, 2024
Eastman Denied Stay Of Inactive Status To 'Safeguard' Public
A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public."
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May 01, 2024
Amazon Can't Sanction Atty In Chinese Seller Award Case
Amazon can't sanction a Manhattan lawyer for her alleged history of using "frivolous" legal arguments to try to send back to state court litigation to vacate arbitral awards involving Chinese sellers, a New York federal judge ruled Wednesday.
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May 01, 2024
NY Lawmakers Call For Cop-Shoving Judge's Replacement
New York State Senate Judiciary Committee members said that either the governor or senate should ensure Justice Mark Grisanti is ousted after an ethics panel opted not to remove the Buffalo judge who brawled with neighbors, shoved a cop and invoked his ties to power, among other unethical behavior.
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May 01, 2024
Trump's Firm Can't Yet Withdraw After Atty-Client 'Breakdown'
A Manhattan federal judge won't yet allow the attorneys representing Donald Trump's campaign to withdraw from a pregnancy retaliation suit brought by a former campaign aide over what they called an "irreparable breakdown in the attorney-client relationship," but on Wednesday set a conference to review the request behind closed doors.
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May 01, 2024
Fed. Judge's Handcuffing Of Girl Was Misconduct, Panel Says
The Judicial Council of the Ninth Circuit found Wednesday that a California federal judge engaged in judicial misconduct when he ordered that a crying 13-year-old girl in his courtroom be handcuffed, issuing a reprimand for his actions and ordering that the judge not be assigned new criminal cases for three years.
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May 01, 2024
Mich. Atty Can't Avoid Suspension For Frivolous Cases
The Michigan Attorney Discipline Board has said a 100-day suspension is appropriate for an attorney accused of filing frivolous claims and misleading federal and state courts while representing clients in cases against governmental entities and elected government officials.
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May 01, 2024
More Withdraw From Conn. Atty Hacked Payment Lawsuits
A series of withdrawals has cut into a voluminous pile of lawsuits surrounding a real estate attorney's wiring of money to the wrong people in connection with several real estate sales, with First American Title among the parties that filed recent withdrawal notices in the myriad matters.
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May 01, 2024
Former Calif. Law Student's ADA Suit Gets Tossed
A California federal judge has thrown out a long-running suit by a former student at the John F. Kennedy College of Law's Northern California campus, who accused the university of failing to provide the pro se litigant with reasonable accommodations, finding the student received more help than he requested.
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May 01, 2024
NJ Atty Fights 'Hare-Brained' Malpractice Claims In RE Dispute
A suspended New Jersey attorney is seeking summary judgment and sanctions for a "hare-brained" attempt by Chaitman LLP to mount a third-party complaint holding him liable for allegedly providing bad legal advice that prompted a malpractice case between Chaitman and former clients.
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May 01, 2024
Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit
Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared.
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May 01, 2024
In Trump Staredown With NY Judge, 'Somebody Has To Blink'
Experts say Donald Trump will likely continue to ignore warnings from the court, and possibly his own attorneys, as his Manhattan hush money trial resumes Thursday with a fresh set of arguments over the presumptive Republican presidential nominee's out-of-court statements.
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May 01, 2024
Ex-Seton Hall President Fights Bid To Toss Whistleblower Suit
Seton Hall University's former president is fighting to keep his explosive whistleblower suit against the school alive, arguing that he should be allowed to pursue his claims in court despite terms in his severance agreement stating otherwise because Seton Hall already violated that agreement by slashing his salary.
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May 01, 2024
Law Firm Fabiani Hit With Race, Gender Bias Suit
A Black female insurance and construction law attorney sued Fabiani Cohen & Hall LLP and its three name partners Tuesday in New York federal court, alleging she was subjected to a "despicable campaign" of harassment for more than a decade.
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May 01, 2024
Ex-FDIC Atty Gets 20-Year Sentence In Child Exploitation Case
A former attorney with the Federal Deposit Insurance Corp. who admitted to participating in online groups aimed at sexually exploiting children has been sentenced to 20 years in prison.
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May 01, 2024
Celeb Charity Says Law Firm Partner Went Rogue, Leaked Info
The nonprofit responsible for handling more than $8 million donated to NFL safety Damar Hamlin following his on-field cardiac arrest has lodged a suit in Illinois federal court against its former counsel, claiming a lawyer leaked private documents to the press as retribution for his firing after publicizing faulty information.
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April 30, 2024
Reed Smith Beats Ex-Paralegal's Sprawling Bias Suit
A former Reed Smith LLP paralegal hasn't shown that the firm's flagging of her work performance issues and her eventual termination stemmed from age and race discrimination, a New Jersey federal judge ruled Tuesday, handing the law firm a final win in the nearly 9-year-old litigation.
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April 30, 2024
Attys Barred From Practicing Over Ch. 13 Real Estate Scams
Enforcement actions against two consumer bankruptcy attorneys who admitted they hid their involvement in schemes to acquire their clients' homes during Chapter 13 proceedings have resulted in sanctions barring them from practicing in certain districts, the U.S. Department of Justice's Trustee Program announced Tuesday.
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April 30, 2024
Justices Told Error Admission Merits Respect In Capital Case
Attorneys general from across the country implored the U.S. Supreme Court on Tuesday to give the "utmost" deference to Oklahoma's confession that prosecutorial misconduct led to the wrongful conviction of a death row inmate and to overturn a state court ruling that rebuffed the admission and upheld the conviction.
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April 30, 2024
Texas Appeals Panel Keeps Court Reporter's AI Case Alive
An Austin, Texas, appeals panel on Tuesday kept alive a court reporter's attempt to pursue an administrative complaint against an artificial intelligence-powered "digital reporting firm," rejecting a state agency's argument that jurisdictional issues block the court reporter from seeking a writ of mandamus compelling the agency to consider her claims.
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April 30, 2024
Atty Tells Trump Jury That Hush Money Deal Almost Tanked
An attorney who previously represented adult film star Stormy Daniels told jurors Tuesday in the New York criminal trial of Donald Trump about how the $130,000 hush money agreement at the heart of the case was nearly derailed after former Trump lawyer Michael Cohen would not close the deal.
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April 30, 2024
9th Circ. Says Calif. Bar Didn't Violate Student's Fed. Rights
The Ninth Circuit on Tuesday affirmed the dismissal of an octogenarian law school student's claims that the State Bar of California violated his 14th Amendment protected rights when it refused to excuse his delay in taking a first-year exam, saying the California Supreme Court has original jurisdiction over admission matters.
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April 30, 2024
Debt Box Wants Attorney Fees Paid If SEC Brings New Action
Crypto project Debt Box has asked a Utah federal judge to impose multiple "guardrails" if the court allows the U.S. Securities and Exchange Commission to refile its troubled registration suit against the firm, including payment of all attorney fees arising from the original, compromised suit.
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April 30, 2024
Colo. Justice Says Judges Need To Squash Lawyers' Sniping
Colorado Supreme Court Justice Richard L. Gabriel said Tuesday that more judges should call out lawyers' unprofessional behavior in their courtrooms to help restore civility in the profession, aiming to stamp out those behaving like "kids fighting in the sandbox."
Expert Analysis
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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.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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SEC May Be Regulating By Enforcement With Atty Actions
The U.S. Securities and Exchange Commission's recent high-profile actions against Covington and Frost & Miller show the agency is taking "regulation by enforcement" to a new arena — attorney misconduct — despite having a never-used rule on the books at its disposal, say attorneys at Tarter Krinsky.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Ethics Lessons From Outside Counsel Plotline In 'Succession'
A Season 3 storyline from “Succession,” featuring an outside counsel's ham-handed missteps, provides ethics lessons for white collar defense lawyers, especially in light of the U.S. Department of Justice’s recent corporate enforcement policy shifts, says Megan McDermott at the University of Wisconsin.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Use Caution In Cases Involving Illegal Images Of Minors
In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Calif. Ruling Adds Employer Considerations On Email Policies
Following a California appellate court's recent decision disqualifying an attorney in Militello v. VFarm 1509, companies should take steps to explicitly inform employees of email monitoring, as it could affect the admissibility of email evidence if a dispute arises, say Shawn Ogle and David Sarfati at Atkinson Andelson.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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How The Circuit Split Over CFPB Funding May Play Out
The Second Circuit created a circuit split last month when it found that the Consumer Financial Protection Bureau's funding structure doesn't violate the U.S. Constitution and clashed with the Fifth Circuit's holding that the CFPB itself is unconstitutional, but the U.S. Supreme Court may find a middle ground, say Andrew Braunstein and Casey Howard at Locke Lord.