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Business of Law
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March 21, 2024
Trump Misquotes Justices In Immunity Case's Opening Brief
Former President Donald Trump invoked the writings of three sitting U.S. Supreme Court justices in a brief Tuesday to argue that former presidents are absolutely immune from criminal prosecution. Yet the cited opinions and papers actually express the opposite theories from what he claims — a miscue attorneys say could backfire on him.
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March 21, 2024
'Sit Down!' DC Judge Snaps At Atty Over False Ad Defense
Oral arguments over footwear nearly got an attorney kicked out of court Thursday, as a D.C. federal judge told a defense counselor to "Sit down!" for making "snide remarks" before ultimately denying most of his motion to dismiss a Federal Trade Commission suit alleging deceptive advertising.
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March 21, 2024
Ex-Moses & Singer Partner Says New-Mom Bias Is Rampant
A former partner at New York litigation firm Moses & Singer LLP said she witnessed women at the firm go from being considered "superstars" to "mommy brained" after returning from maternity leave, according to a declaration attached to an amended pregnancy discrimination complaint in federal court.
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March 21, 2024
Unabomber Prosecutor To Probe FTX's Sullivan & Cromwell Ties
The Delaware bankruptcy court overseeing the Chapter 11 case of FTX Trading Ltd. has approved the appointment of a former federal prosecutor, whose experience includes work on the Unabomber case, to delve into accusations Sullivan & Cromwell is conflicted as debtor's counsel.
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March 21, 2024
Trump's Mystery Docket: Inside NY's Secretive Filing System
The first criminal indictment of a former American president may have arrived in 21st century New York, but it landed in a court system stuck in the past — where the official record is a disorganized and incomplete mass of paper with no accounting of what's inside.
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March 21, 2024
Robins Kaplan, Funding Firm Must Pay Sanctions, Court Told
An investment firm has urged a New York state appellate court to uphold a $156,000 sanction levied against a litigation funding firm and its counsel from Robins Kaplan LLP over the law firm's access to the opposing party's Dropbox account, saying a trial court acted within its discretion in imposing the sanction.
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March 21, 2024
Biden's Judicial Nominees Face New Barriers
President Joe Biden is encountering new hurdles to placing his judicial nominees on the bench, particularly one who would be the first Muslim federal appellate judge if confirmed.
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March 21, 2024
The LA Boutique Repping MLB's Ohtani Amid Betting Scandal
An unfolding sports betting scandal has prompted Los Angeles Dodgers superstar Shohei Ohtani to lawyer up, enlisting the West Hollywood boutique Berk Brettler LLP to advise him in a saga that has already led the club to fire his longtime interpreter.
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March 21, 2024
Reed Smith Ties Associate Raises To Billable Hours
Reed Smith LLP is reportedly raising associate salaries in a range similar to those first announced by Milbank LLP last November, with an associate's place on the scale depending on their billable hours.
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March 21, 2024
12 Ex-Constantine Cannon Attys Launch Whistleblower Firm
A dozen attorneys who have represented whistleblowers from Facebook, Theranos and Boeing have left Constantine Cannon LLP to form their own stand-alone boutique to support whistleblowers and boost corporate accountability globally, according to a Thursday announcement.
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March 21, 2024
DA Rips Trump For 'Wild' Accusations Over Late Documents
The Manhattan district attorney is pushing back on claims of misconduct from former President Donald Trump's legal team as the two sides spar over the late production of thousands of pages of documents that have cast doubt on the timing of his hush-money trial.
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March 21, 2024
USPTO Expands Types Of E-Signatures Allowed For Patents
The U.S. Patent and Trademark Office will allow filers to sign patent documents using a wider range of third-party electronic signature platforms, including DocuSign and Acrobat Sign, starting Friday.
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March 21, 2024
Lawmakers Eye Permanent Status For 10 Federal Judgeships
A bipartisan group of federal lawmakers has put forward bills in the Senate and House that would make 10 temporary district judgeships permanent in 10 states including Texas, Florida and California.
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March 20, 2024
Trans Kids' Attys May Face Sanctions Over Ala. Judges' Probe
Eleven attorneys, including lawyers from Cooley LLP, Lightfoot Franklin & White LLC and prominent LGBTQ rights organizations, have been ordered to show why they should not be sanctioned after a judicial report concluded they engaged in judge-shopping when challenging an Alabama law banning certain medical procedures for transgender youth, according to a newly unsealed order.
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March 20, 2024
PACER Overcharge Attys Net $24M As Feds' $125M Deal OK'd
A D.C. federal judge on Wednesday granted final approval to the U.S. government's $125 million deal ending class action claims that the judiciary charges users excessive fees to run the federal courts' PACER records system, signing off on nearly $23.9 million in fees to the nonprofit plaintiffs' attorneys.
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March 20, 2024
7th Circuit Nominee Fends Off Complaints About Case Backlog
U.S. District Judge Nancy Maldonado has one of the largest case backlogs among federal district judges, several Republican senators said Wednesday, insisting President Joe Biden made the wrong choice in nominating her to join the Seventh Circuit.
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March 20, 2024
RBC Top Atty Sees Role Expand As Strategy Officer Exits
Royal Bank of Canada confirmed Wednesday that its top attorney has taken on an expanded role as a key strategy executive with the financial institution prepares to leave.
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March 20, 2024
Biden Taps Judicial Nominees For 6th Circuit, SDNY
President Joe Biden on Wednesday unveiled a new slate of judicial nominations, including a current U.S. attorney tapped for a Sixth Circuit seat and another federal prosecutor up for a judgeship in the Southern District of New York.
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March 20, 2024
DC Judicial Pick Faces GOP Scrutiny Over Jones Day Work
Republican lawmakers Wednesday criticized the BigLaw track record of a nominee for the U.S. District Court for the District of Columbia.
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March 20, 2024
NY AG Scoffs At Trump's Claim Of 'Impossible' $465M Bond
The New York Attorney General's office on Wednesday disputed Donald Trump's claim that posting bond while he appeals a $465 million civil fraud judgment is a "practical impossibility," arguing the former president and his business empire haven't exhausted all avenues.
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March 20, 2024
Husch Blackwell Hires 5 Attorneys From Lewis Brisbois
Husch Blackwell LLP announced Wednesday it is welcoming a five-attorney litigation team from Lewis Brisbois Bisgaard & Smith LLP to an expanding Minneapolis office, following Husch Blackwell's addition of a transportation practice leader and others from the same rival early this year.
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March 20, 2024
Study Sees Promise For Gen AI Tools In Closing Justice Gap
Widespread access to generative artificial intelligence tools could help increase access to justice for low-income Americans, according to a new study that found these tools largely boosted productivity for legal aid lawyers.
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March 20, 2024
Gas Buyers Want Judge Recused From Shale Cartel Suits
A would-be class of gasoline buyers pursuing antitrust claims against a string of shale oil producers told a Nevada federal judge on Tuesday that her admitted ownership of stock in Exxon Mobil Corp. required her to recuse herself from presiding over the litigation.
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March 20, 2024
ABA Gives Advice To Avoid Atty Conflict Hitting Whole Firm
An American Bar Association ethics opinion released Wednesday offers new guidance on when a lawyer's conflict of interest after meeting with a prospective client should be considered to impact the whole firm and how lawyers can try to avoid sparking that whole-firm conflict.
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March 20, 2024
Stanford Law School Picks Professor As Its Next Dean
Stanford Law School has looked within for its new dean, tapping a professor and associate vice provost for research for the role.
Expert Analysis
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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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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Roundup
Keys To A 9-0 High Court Win
In this Expert Analysis series, advocates who have recently won unanimous rulings from the justices share their argument strategies, the tactics they think may help unify the court, and what other practitioners can learn from their experience.
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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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The Lawyer Personalities That Make Up Joint Interest Groups
As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.
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How ITC's Junior Atty Program Can Benefit Firms, Clients
Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.
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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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Retail Ruling Clarifies Attorney Fees For Large Ch. 11 Cases
A Virginia federal court’s recent order in the Retail Group bankruptcy matters shines light on the relevant factors for approving fee applications in complex Chapter 11 cases, confirming the importance of making an appropriate factual record to support professional fee applications, say Jason Harbour and Justin Paget at Hunton.
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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.