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Business of Law
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April 04, 2024
Ghostwriting Undercut Bar Conflict Safeguards, Report Says
The State Bar of California's former deputy executive director "violated the spirit and undermined the purpose of the Rule 2201 Program," according to a report the state bar commissioned investigating the former director's "ghostwriting" of reports connected to attorney discipline cases where conflicts arise, including one concerning embattled ex-attorney Tom Girardi.
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April 04, 2024
Trump Can't Duck Secret Doc Charges On Immunity Grounds
The Florida federal judge overseeing the classified documents case against Donald Trump rejected his bid Thursday to dismiss the criminal indictment against him, saying the charges don't make any reference to the Presidential Records Act that the former president said grants him immunity.
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April 04, 2024
Litigating On The Front Lines Of Pac-12 Power Struggle
The mass exodus from the Pac-12 sparked fierce litigation over the considerable money and power at stake for the conference, challenging attorneys to deal with a high-pressure dispute moving along at breakneck speed. One lawyer at the center of the fight recently spoke with Law360 about the unique challenges he and his team had to address.
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April 04, 2024
Jeffrey Clark Violated Ethics Rules, Panel Says
Former U.S. Department of Justice Attorney Jeffrey Clark violated professional conduct rules, a D.C. attorney ethics panel preliminarily found Thursday following a disciplinary hearing centered on Clark's alleged efforts to throw the Justice Department behind former President Donald Trump's election fraud narrative.
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April 04, 2024
NY Judge Revives Plan To Take Senior Status
U.S. District Judge David Hurd of the Northern District of New York announced his intent to take senior status, according to an update on Thursday, after previously announcing similar plans and then reversing them in 2022.
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April 04, 2024
New Leader Discusses The Next Era For NY Federal Defenders
The Federal Defenders of New York has chosen its new leader, elevating its director of strategic litigation to become the first Black woman serving as the federal public defense organization's executive director.
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April 03, 2024
SEC Disclosures Show Public Cos. Backing DEI, Study Finds
Public companies overwhelmingly prioritized diversity, equity and inclusion principles in their mandatory workforce disclosures to the U.S. Securities and Exchange Commission in 2023 despite a flurry of litigation and legislative proposals aimed at deterring those initiatives in the corporate world, a study from Seyfarth Shaw LLP attorneys found.
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April 03, 2024
Israel-Hamas War No Excuse To Skip Discovery: Ch. 11 Judge
A Florida bankruptcy judge on Wednesday penalized an Israeli creditor pursuing a roughly $13 million Chapter 11 claim against a California-based air purifier maker, finding the conflict between Israel and Hamas is not a valid excuse for repeatedly missing discovery deadlines.
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April 03, 2024
OneCoin Atty Gets 4 Years For Role In $4B Crypto Fraud
The former head of legal and compliance at OneCoin on Wednesday was sentenced to four years in prison for her role in the $4 billion cryptocurrency scheme that defrauded millions of investors around the world.
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April 03, 2024
Trump's Late Immunity Motion Fails To Halt Hush Money Trial
A New York judge on Wednesday rejected Donald Trump's effort to delay his hush money trial based on his claimed presidential immunity from criminal prosecution, keeping the historic case on track for jury selection later this month.
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April 03, 2024
UMich Says Law Prof's FMLA Leave Can't Prevent Discipline
The University of Michigan told a federal judge Wednesday that a law professor's need for medical leave did not mean administrators couldn't discipline her for allegedly walking out on certain teaching responsibilities, rebutting her claims that the university's actions were because of her race or gender.
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April 03, 2024
White House Refuses To Call For Justice Sotomayor To Retire
White House Press Secretary Karine Jean-Pierre said Wednesday that any decision by U.S. Supreme Court Justice Sonia Sotomayor to retire is a personal choice for her alone to make, amid calls for the 69-year-old liberal justice to step down while President Joe Biden is in office and able to nominate her replacement.
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April 03, 2024
Arizona Newspaper Says Article Headline Isn't Libel
An Arizona online publication has urged a Florida federal judge to toss a defamation suit filed by an online retail mogul, arguing the allegedly defamatory headline about the mogul's involvement in a possible murder-for-hire case is substantially accurate.
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April 03, 2024
Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping
A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts.
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April 03, 2024
From BigLaw To MLB, Lucchino Recalled As Master Negotiator
Before he helped build stadiums, lead three Major League Baseball front offices and end the "Curse of the Bambino," Larry Lucchino, who died Tuesday at 78, was a driven, formidable litigator and negotiator with exceptional legal skill, a former Williams & Connolly LLP colleague told Law360.
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April 03, 2024
Beloved Georgia Judge Writes His Own Obituary
Senior U.S. District Judge Hugh Lawson Jr., a revered Georgia jurist known for his humor and lack of pretense, died Friday at 82, leaving behind an obituary in which he described himself as a religious man whose "last conscious thought" would be his wife's name and who considered all his children to be his "favorite."
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April 03, 2024
Rutgers Law Student Fights Bid To Trim Antisemitic Bias Suit
An Orthodox Jewish Rutgers law student who is suing the school in New Jersey state court, alleging antisemitic discrimination in the wake of the Oct. 7 Hamas attack on Israel, opposed motions to trim claims and remove some individual defendants as an improper attempt to "do surgery on an opposing litigant's pleading."
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April 03, 2024
Trump Ally Brings Ethics Query Over Judge's CNN Interview
An ally of Donald Trump has raised ethics concerns about a senior D.C. federal judge, complaining that the judge's statements on CNN about the former president's statements about the judiciary was "highly prejudicial" toward Trump's four pending criminal cases.
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April 03, 2024
Oil Company Says Judge's Recusal Not Needed In Cartel Suits
Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.
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April 03, 2024
Akin Adds Ex-Treasury Atty, Sanctions Expert In DC
Akin Gump Strauss Hauer & Feld LLP has hired a former top attorney for the U.S. Department of the Treasury's Office of Foreign Assets Control, who has joined the firm's international trade practice in Washington, D.C., the firm announced Wednesday.
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April 03, 2024
Special Counsel Tells Judge Cannon To Rule On PRA Issue
The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.
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April 03, 2024
Winston & Strawn Launches Low-Cost Legal Services
Winston & Strawn LLP announced Wednesday the launch of a low-cost legal solutions option to compete with alternative legal service providers.
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April 02, 2024
Trump Wants New Bite At Recusal Over Judge's Daughter
Donald Trump is again seeking the recusal of the judge overseeing his Manhattan criminal case, saying the judge's daughter and her political consulting firm stand to financially benefit from the case, while prosecutors argued Trump's "daisy chain of innuendos" isn't evidence that the judge, or his daughter, will gain anything.
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April 02, 2024
Judge Rides Denver Firm On Atty Fees In Elijah McClain Case
A Colorado appellate judge pressed a Denver law firm Tuesday on how exactly it was entitled to millions of dollars in contingency fees in a high-profile civil rights suit after the mother of a slain man at the center of the civil rights case fired the firm before the case resulted in a $15 million settlement.
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April 02, 2024
Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat
Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.
Expert Analysis
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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.
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Key Adaptations For Law Firms Amid Quiet Quitting Movement
While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.
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2nd Circ. Shkreli Atty Ruling Guides On 401(k) Garnishment
The Second Circuit’s recent holding that the government could garnish the 401(k) accounts of Martin Shkreli’s co-conspirator attorney shows that those facing criminal charges should prepare for the possibility that their retirement accounts may be subject to garnishment in order to satisfy restitution orders, say Brea Croteau and Edward Novak at Polsinelli.
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Creating A Hybrid Work Policy? Be Intentional And Inclusive
The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.
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A Law Firm's Guide To Humane Layoffs As Recession Looms
Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.
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What AML Bill Could Mean For Firms, Funds And FinCEN
If passed, an amendment within Congress’ annual defense bill would expand the list of institutions subject to anti-money laundering regulations, from law firms to investment funds, creating potential rulemaking and enforcement challenges for the Financial Crimes Enforcement Network, say attorneys at Arnold & Porter.
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Learning From Trump And Bannon Discovery Strategies
Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.
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Potential Benefits Of Adding Attorney Fee-Shifting At The ITC
If Congress authorized the U.S. International Trade Commission to award attorney fees to the prevailing party in exceptional cases, it could improve notoriously expensive ITC proceedings and might deter entities from filing or maintaining meritless cases, say attorneys at Ropes & Gray.
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The Risks In Lateral Hiring, And How To Avoid Them
As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.
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Judges Who Use Social Media Must Know Their Ethical Limits
While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.
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Rebuttal
ABA Is Defending Profession's Values From Monied Influences
A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.