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Business of Law
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September 04, 2024
Texas Justices OK Some Online Learning For Bar Admission
The Texas Supreme Court has announced rule changes that would allow certain online degree programs to qualify for admission to the State Bar of Texas.
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September 04, 2024
Feds Say Litigation Funding Co. Was A $10M Ponzi Scheme
A purported investment company's owner faces criminal charges and a suit from the U.S. Securities and Exchange Commission after she allegedly made false claims to investors that she would lend their money to personal injury attorneys but instead used the money for a Ponzi-like scheme and personal expenses.
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September 04, 2024
McElroy Deutsch's Former CFO Fights Bid To Sink Ch. 11 Case
The currently incarcerated former chief financial officer for McElroy Deutsch Mulvaney & Carpenter LLP denied that his Chapter 11 filing was a bad faith maneuver meant to stall ongoing civil litigation, claiming instead that the bankruptcy will allow for the liquidation of property for the benefit of creditors.
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September 04, 2024
A Federal Judge On Being Married To A Congresswoman
U.S. District Judge Michael Simon, on the bench in the District of Oregon since 2011, is married to U.S. Rep. Suzanne Bonamici, D-Ore., and says "good faith and transparency" are key to avoiding conflicts of interest when both sides of a marriage work in legal affairs and lawmaking.
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September 04, 2024
Feds Say Ex-Judge's Misconduct Does Not Warrant New Trial
"Troubling" allegations that a former Alaska federal judge engaged in sexual misconduct should not open the door for a new trial in one of his cases where a man was convicted of cyberstalking, federal prosecutors argued in a court filing.
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September 04, 2024
Chief Justice Brister To Bring 20 Years' Wisdom To 15th Court
For newly appointed Chief Justice Scott A. Brister of the Fifteenth Court of Appeals of Texas, the creation of a new statewide appeals court came at the perfect time.
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September 04, 2024
Election Year Surprise? GOP Judges Opening Seats For Biden
Well ahead of fall elections that could flip the White House and U.S. Senate to Republicans, many GOP-appointed judges are retiring and giving Democrats opportunities to fill key seats before Republicans can capitalize on any wins at the polls, and several of the judges discussed the political backdrop with Law360.
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September 04, 2024
Fla. Judge Won't Delay Trial In Judge's Blackmail Suit
A Florida judge refused Wednesday to hear a summary judgment motion from an attorney accused by a Palm Beach County judge of trying to blackmail her with nude photographs, calling it untimely because it would need to be heard on the first day of trial set for later this month.
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September 04, 2024
Reed Smith Is Latest Firm To Wind Down Operations In Beijing
Sixteen years after expanding into Asia, Reed Smith LLP said it will be consolidating its work in China in its Shanghai office and, according to a source familiar with the matter, closing its Beijing office.
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September 03, 2024
Dave's Killer Bread Judge Rips Attys For 'Flooding' Docket
A California federal judge admonished attorneys for both parties in a proposed class action alleging Dave's Killer "Good Seed" bread deceptively advertises the loafs as containing 5 grams of protein, slamming counsel for "flooding" the docket with "entirely unnecessary" motions and warning she'll sanction them if their conduct continues.
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September 03, 2024
Construction Disputes Mark Opening Of Texas Biz Court
The first cases were filed in the Texas Business Court on Tuesday, setting the stage for a new era of litigation in the Lone Star State.
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September 03, 2024
Seattle Court Accused Of Fostering Racist, Hostile Workplace
An African American former employee at the Seattle Municipal Court has alleged that she was the target of racist and sexist comments and that a court administrator falsely claimed in a courtwide email that she had been arrested and charged with a serious crime when she was on sick leave.
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September 03, 2024
Ch. 11 Bankruptcy Trustee Says Firm Charged Excessive Fees
The Chapter 11 trustee overseeing collapsed debt relief law firm Litigation Practice Group has accused a New York law firm of charging excessive fees while defending the California firm from lawsuits from merchant cash advance companies.
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September 03, 2024
Split 5th Circ. Dissolves La. Voting Consent Decree
An 11-member majority of the Fifth Circuit dissolved a 30-year-old voting consent decree over how justices are elected to Louisiana's highest court, finding in a split en banc opinion that the state has "satisfied its obligations."
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September 03, 2024
USPTO Launches PTAB Clinic With Ex-Judges
The U.S. Patent and Trademark Office on Tuesday rolled out a new free initiative in which former judges from the Patent Trial and Appeal Board will answer questions and offer guidance on proceedings before the board in one-on-one meetings with members of the public.
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September 03, 2024
Former Partner Of Bankrupt NC Firm Settles With Trustee
A former member of bankrupt North Carolina-based real estate law firm Washburn Law PLLC, which is being investigated by the FBI for millions of dollars in pilfered client money, has reached a settlement agreement with a court-appointed bankruptcy trustee.
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September 03, 2024
NJ Judiciary Expands Public Access To Briefs, Hearings
The New Jersey judiciary will begin livestreaming oral arguments before the Superior Court's Appellate Division and posting briefs for the Appellate Division and the state Supreme Court online in September, according to an announcement Tuesday.
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September 03, 2024
Duane Morris Wants Bulk Of Atty's Equal Pay Suit Tossed
Duane Morris LLP is asking a California federal court to toss most of the claims in a proposed class action alleging the firm systemically underpaid female and nonwhite attorneys, saying the attorney who filed the complaint has been fairly treated and compensated and her claims lack validity.
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September 03, 2024
Cozen O'Connor Adds 13 Clark Wilson Lawyers In Vancouver
Cozen O'Connor announced on Tuesday that it has expanded its Canadian presence by adding a team of 22 legal professionals, including 13 lawyers and nine support staff, from Clark Wilson LLP to its fast-growing Vancouver office.
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September 03, 2024
Atty Claims Pa. Firm Breached Merger, Payment Agreement
An attorney with a Pittsburgh-area law firm that merged with Cafardi Ferguson + Wyrick says in a lawsuit that his new firm has breached his compensation agreement and now owes him nearly $94,000.
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September 03, 2024
Atty's Use Of AI Didn't Taint Rapper's Trial, Judge Says
A D.C. federal judge has rejected a host of arguments by Fugees rapper Prakazrel "Pras" Michel seeking a new trial on charges of assisting a Malaysian billionaire in illegally diverting funds, including claims that he was prejudiced by his former attorney's use of generative artificial intelligence to craft his closing argument.
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September 03, 2024
Trump Loses Renewed Bid To Take Hush Money Case Federal
A New York federal court on Tuesday denied former President Donald Trump's bid to move the state's hush money case against him to federal court, ruling that the U.S. Supreme Court's July holding laying out grounds for immunity did not sway his opinion that the payments were "unofficial acts."
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September 03, 2024
Former Aide To NY Gov. Indicted On Foreign Agent Charges
A former aide to New York Gov. Kathy Hochul and ex-Gov. Andrew Cuomo was arrested Tuesday on allegations of secretly acting as an agent of China's government in a yearslong political conspiracy to promote the interests of the Chinese Communist Party and reap millions of dollars.
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September 03, 2024
Texas Justice On Moving To The New 15th Appeals Court
This month, Texas business courts gavel in for the first time and a newly created appellate court, the Fifteenth District, will begin accepting business court appeals as well as disputes on appeal that include the Lone Star State or a state entity as a party.
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September 01, 2024
Jackson Sees No 'Reason' To Not Enforce High Court Ethics
U.S. Supreme Court Justice Ketanji Brown Jackson said Sunday that she's seen no "persuasive reason" why members of the nation's highest court shouldn't be held to an enforceable code of conduct, becoming the second justice to publicly endorse proposed ethics reform following a year of heightened public scrutiny.
Expert Analysis
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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.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.