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Courts
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Ex-Stone Hilton Assistant Pushes For Texas OAG Subpoena
A former Stone Hilton PLLC executive assistant has doubled down on her bid to subpoena the Texas Office of the Attorney General in her suit accusing former OAG attorneys and firm founders Judd Stone and Christopher Hilton of sexual harassment.
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ABA Urges Attys To Guard Confidentiality In Withdraw Motions
The American Bar Association on Wednesday advised attorneys that they must leave information about their representation of a client out of any motions they file to withdraw as their counsel unless they have an explicit exception to existing confidentiality rules or the client's consent.
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Mass. Court Says Plea Deal Inattention May Be Ineffectiveness
Massachusetts' highest court on Wednesday concluded that a lawyer's failure to seek a plea bargain if asked to do so by a defendant may amount to ineffective assistance of counsel requiring a new trial under certain circumstances.
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Wiley Adds Another Federal Atty In DC, This Time From DOJ
A U.S. Department of Justice attorney who was staffed on one of the agency's high-profile monopolization cases against Google, has joined Wiley Rein LLP as a partner, the firm announced Wednesday.
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1st Circ. Doubts Ex-BigLaw Atty's Campaign Finance Appeal
The First Circuit on Wednesday expressed misgivings about a former BigLaw attorney's argument that a jury that convicted him of a campaign finance scheme during a failed run for Congress should have been required to unanimously find that each specific transaction was illegal.
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Former Gov't Workers Challenge Trump's DEI Firing Spree
The Trump administration unlawfully targeted perceived political enemies, women and people of color when it fired all federal employees who served in roles related to diversity, equity and inclusion, former government workers said Wednesday in a proposed class action.
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Trump Pardons Democratic Rep. Henry Cuellar And Wife
President Donald Trump announced on Wednesday he pardoned Rep. Henry Cuellar, D-Texas, and his wife, Imelda Cuellar.
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Fed. Circ. Pushes DC Circ. Not To Rethink Newman Decision
The Federal Circuit has urged the D.C. Circuit to ignore Federal Circuit Judge Pauline Newman's request to rehear a decision upholding the dismissal of her suit against the colleagues who suspended her, saying the judiciary has the right to police its own internal matters.
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Carlton Fields Adds Longtime Federal Prosecutor In LA
Carlton Fields is expanding its West Coast team, bringing in a former federal prosecutor as a shareholder in its Los Angeles office.
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SDNY Head Backs Good Deals For Quick Cooperation By Cos.
Manhattan U.S. Attorney Jay Clayton on Tuesday said he's prepared to offer "real benefits" to corporations facing criminal investigations if they quickly agree to cooperate and compensate victims, ideally in the form of comprehensive, government-wide resolutions.
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2nd Circ. Reinstates Ex-Exec's $4M Bridgegate Fees Suit
The Second Circuit on Tuesday revived claims from former Port Authority of New York and New Jersey executive William E. Baroni Jr. seeking $4 million in legal fees over his Bridgegate criminal case, saying the trial court was wrong to find that the Port Authority had sovereign immunity.
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Fed. Judges' Public Spat With Justices May Undermine Courts
Public criticism being traded back and forth in recent months between U.S. Supreme Court justices and lower-court federal judges over the justices' emergency orders is highly unusual in itself, but it also raises the risk of eroding public trust in the judiciary.
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Justices Skeptical Of NJ Subpoena For Anti-Abortion Donors
Several U.S. Supreme Court justices appeared sympathetic Tuesday to an anti-abortion pregnancy-center network's bid to challenge a subpoena from the New Jersey attorney general, pressing the state on whether its demand for donor identities and internal documents risked unconstitutionally chilling First Amendment associational rights.
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Hagens Berman Referred To DOJ For Alleged Misconduct
A Pennsylvania federal judge on Tuesday recommended to the U.S. Department of Justice that it investigate powerhouse plaintiffs firm Hagens Berman Sobol Shapiro LLP's conduct in connection with several since-dropped product liability cases that a special master found to be filed in bad faith.
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Accusers Seek To Revive Katt Williams Suit Over Judicial Bias
Four women whose suit against comedian Katt Williams was tossed by a Georgia federal judge on a finding that the claims related to a 2016 altercation outside a nightclub were time-barred, asked the court Tuesday to reconsider on the basis that the judge is hostile to their lawyer and did not render an impartial decision.
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Trump Seeks To Block Final Classified Documents Report
President Donald Trump sought Tuesday to fight two groups' efforts to undo a Florida federal judge's order blocking release of the final report from former special counsel Jack Smith's investigation into Trump's handling of classified documents.
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4th Circ. Rejects Rehearing In Ex-Defender's Harassment Case
Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.
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2 New Judges Confirmed To NC Federal Court
The U.S. Senate confirmed two federal judges for North Carolina on Tuesday.
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Approach The Bench: Judge Robart On Living Under Threats
It's been nearly nine years since U.S. District Judge James Robart blocked President Donald Trump's 2017 executive order barring travel from seven Muslim-majority countries, and though the judge has had a long career — including groundbreaking patent and securities decisions — he still occasionally gets recognized as that "so-called judge."
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Ex-Immigration Judge Accuses DOJ Of Political Retaliation
A former Ohio immigration judge sued the U.S. Department of Justice in D.C. federal court Monday, alleging she was discriminated against and unconstitutionally fired for her liberal political beliefs while slamming the Trump administration's recent "unprecedented assault" against longstanding civil service laws that protect millions of federal employees.
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Justices Probe Limits Of Deference In Asylum Cases
The U.S. Supreme Court on Monday grappled with when courts can review the Board of Immigration Appeals' persecution findings, showing little appetite for allowing courts to routinely second-guess agency expertise while expressing concern that the government was advocating for too much deference.
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NJ Comptroller Bill Debate Turns Into Fight Over AG's Record
A New Jersey Senate committee hearing on Monday about a bill that would remove investigatory powers from the Office of the State Comptroller devolved into attacks on the state attorney general's record and accusations of "textbook" First Amendment violations.
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Judge-Shopping Sanctions Order Must Stand, 11th Circ. Told
The Alabama federal judges who sanctioned a trio of civil rights attorneys for allegedly judge shopping are defending that outcome, telling the Eleventh Circuit the controversial process was above board and rejecting the "scheming" attorneys' claims that they simply wanted to ensure they received a randomly assigned judge.
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What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
Expert Analysis
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Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts?
Amid ongoing disagreements on whether states should mandate implicit bias training as part of attorneys' continuing legal education requirements, Stephanie Wilson at Reed Smith looks at how unconscious attitudes or stereotypes adversely affect legal practice, and whether mandatory training programs can help.
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Ditch The Frills And Start Writing Legal Letters In Plain English
To become more effective advocates, lawyers need to rethink the ridiculous, convoluted language they use in correspondence and write letters in a clear, concise and direct manner, says legal writing instructor Stuart Teicher.
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Series
Ask A Mentor: How Can I Negotiate My Separation Agreement?
Kate Reder Sheikh at Major Lindsey discusses how a law firm associate can navigate being laid off, what to look for in a separation agreement and why to be upfront about it with prospective employers.
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DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help
Recent legal challenges against DoNotPay’s "robot lawyer” application highlight pressing questions about the degree to which artificial intelligence can be used for legal tasks while remaining on the right side of both consumer protection laws and prohibitions against the unauthorized practice of law, says Kristen Niven at Frankfurt Kurnit.
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For The Future Of Legal Practice, Let's Learn From The Past
At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.
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Why All Law Firms Should Foster Psychological Capital
Law firms will be able to reap great long-term benefits if they adopt strategies to nurture four critical components of their employees' psychological wellness and performance — hope, efficacy, resilience and optimism, says Dennis Stolle at the American Psychological Association.
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ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers
Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.
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Pro Bono Work Is Valuable In IP And Continued Learning
The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.
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Increasing Public Access To Legal Services: A Practical Plan
Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.
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Priorities For Improving The Legal Industry In Texas
To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.
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Leading Your Law Firm's Creation Of A New Practice Group
Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.
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Series
Ask A Mentor: How Do I Relay Shortcomings To Associates?
Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.
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10 Principles For Effective Partner Reward Systems
Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.
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Why Interdisciplinarity Is Key To Designing The Future Of Law
The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.