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Legal Ethics
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June 24, 2024
Willis' Plan To Prejudice Defendants Requires DQ, Trump Says
Former President Donald Trump told the Georgia Court of Appeals on Monday that a trial court judge inaccurately applied the legal standard for forensic misconduct when he ruled that Fulton County District Attorney Fani Willis could continue her prosecution of him and his co-defendants in the Georgia presidential election interference case.
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June 24, 2024
9th Circ. Upholds Fine For Fake News In $18B Chevron Case
The Ninth Circuit has affirmed a $268,000 fine against a Seattle attorney for filing a fake newspaper article as a court exhibit in an attempt to bolster his clients' efforts to enforce a nearly $18 billion arbitral award against Chevron.
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June 24, 2024
Baldwin Awaits Ruling On Bid To Toss 'Rust' Shooting Case
A New Mexico state judge is set to rule this week on Alec Baldwin's argument that his indictment on involuntary manslaughter charges over the "Rust" film shooting should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.
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June 24, 2024
Atty Says Arrested Ga. Judge Will Be 'Completely Exonerated'
In the aftermath of the arrest of an embattled Georgia probate judge outside an Atlanta nightclub last week, the defense attorney for Judge Christina Peterson said on Friday that she was "simply trying to be a good Samaritan" and that he expects his client will be "completely exonerated."
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
9th Circ. Won't Reconsider Or Sanction In Kari Lake Vote Suit
The Ninth Circuit has rejected Arizona Republican Kari Lake's attempt to revive her 2022 suit over the state's voting machines, issuing a two-sentence order that also rejects a sanctions bid Maricopa County officials filed in response to the former gubernatorial candidate's attempt to restart her failed suit.
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June 24, 2024
Colo. Justices Send Back 'Rare' Atty Conflict Criminal Case
The Colorado Supreme Court on Monday found that an appeals court panel used an outdated analysis when reversing the sexual assault conviction of a man because his defense attorney was being prosecuted at the same time by the same district attorney's office, remanding the case for another look.
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June 24, 2024
Ex-Chicago Alderman Gets Two Years For Boosting Law Firm
An Illinois federal judge on Monday sentenced former Chicago Alderman Ed Burke to two years in prison and fined him $2 million for using his official position to steer tax business to his personal law firm, closing what prosecutors called "another sordid chapter" in the city's history of public corruption.
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June 24, 2024
NC Justice's Politician Dad Doesn't Merit DQ, Lawmakers Say
North Carolina Supreme Court Justice Phil Berger Jr. should not recuse himself from a constitutional challenge concerning the governor's appointment powers merely because his father is president pro tem of the state Senate, top lawmakers argue.
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June 24, 2024
Jurisdictional Discovery Ordered In NJ COVID Test Fraud Suit
A New Jersey federal court has denied without prejudice a dismissal bid and ordered "tightly-targeted and prompt jurisdictional discovery" in a Garden State medical supply business' complaint accusing a Texas attorney and his solo practice of aiding in an alleged $2.45 million fraud scheme involving COVID-19 test kits that were never delivered.
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June 24, 2024
NJ Atty Suspended 3 Years For Unauthorized Practice Of Law
A New Jersey attorney has been suspended from practicing law for three years after she continued to represent clients and mishandle sensitive matters while she was suspended for similar conduct in 2019, according to a New Jersey Supreme Court order.
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June 24, 2024
Research Co. Seeks Sanctions On Proud Boys Atty In IP Suit
A Texas research firm pursuing copyright infringement claims against a group of defense attorneys who represented members of the Proud Boys wants one of the lawyers sanctioned for filing "a frivolous and groundless counterclaim" in the D.C. federal court litigation.
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June 24, 2024
Seyfarth Atty Dropped From Yeshiva U. Rape Cover-Up Suit
A female Yeshiva University student who claims she was raped by a player on the men's basketball team, then sued the school claiming it conspired on a cover-up with Seyfarth Shaw LLP, has voluntarily dismissed two Yeshiva officials and a Seyfarth attorney from the lawsuit.
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June 24, 2024
Chase, Florida Law Firm Settle $100K Wire Theft Suit
JPMorganChase Bank NA and Florida-based law firm Frank A. Rubino Esq. PA have agreed to settle a suit accusing the financial services giant of negligence by failing to prevent a $100,000 payment that a client mistakenly sent a fraudster.
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June 24, 2024
Justices Won't Hear Atty's Appeal Of DQ From Product Case
An attorney who allegedly made false statements about a magistrate judge that subsequently got him booted as plaintiff's counsel in a suit against a handheld torch manufacturer can't appeal his disqualification after the Supreme Court declined to review his bid Monday.
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June 22, 2024
Disciplinary Judge Hesitant To Oust Embattled Colo. DA
A Colorado attorney disciplinary judge said Friday he was uncomfortable removing an elected local prosecutor facing various misconduct charges, telling the parties after closing arguments that voters' choices should carry some weight.
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June 21, 2024
Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid
Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless."
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June 21, 2024
Kenyan Firm Says Chicago Attys Blocked Ethiopian Air Fees
A Kenyan law firm wants an Illinois federal judge to help it get attorney fees after Chicago counsel allegedly shut it out of a former client's Ethiopian Air crash settlement, a request the Chicago attorney blasted Friday as apparent retaliation for aiding an investigation into theft of that client's money.
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June 21, 2024
Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats
The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.
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June 21, 2024
Trump Says AG Can't Appoint Prosecutor In Mar-A-Lago Case
Attorney General Merrick Garland did not have the statutory authority to promote an independent special counsel to prosecute former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, Trump's attorneys told a Florida federal judge Friday.
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June 21, 2024
Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe
In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.
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June 21, 2024
Girardi Wants To Block Evidence Of Ex-Clients' Injuries At Trial
At the upcoming fraud trial of disgraced attorney Tom Girardi, his defense attorneys want to exclude any mention of the horrific injuries suffered by the clients he allegedly stole from, while prosecutors want to introduce evidence that he allegedly spent $25 million to fund the lavish lifestyle of his former celebrity girlfriend.
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June 21, 2024
Wolverine Inks Deal To End PFAS Coverage Fight
Footwear company Wolverine and one of its insurers have told a Michigan federal judge that they have reached a settlement in a coverage dispute over underlying chemical exposure actions, saying they "have agreed to a signed, confidential term sheet to resolve this action."
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June 21, 2024
Attys Accused Of Judge Shopping Must Share Public Remarks
Attorneys accused of judge shopping two 2022 suits challenging an Alabama law criminalizing some gender-affirming care for transgender youths have been given 48 hours to turn over any public statements, releases or other information they or their organizations have shared about the disciplinary proceedings, just days ahead of a Monday hearing.
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June 21, 2024
Ex-Chicago Alderman Burke Can't Delay Sentencing
Former Chicago Alderman Ed Burke can't postpone his Monday sentencing on charges of racketeering, extortion and bribery to await a U.S. Supreme Court ruling on the scope of federal bribery law, an Illinois federal judge ruled Friday, saying that decision will have "little or no impact" on Burke's fate.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.