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Courts
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Data Brokers Can't Pause Judicial Privacy Law Fight
A federal judge has denied a bid to pause dozens of lawsuits brought under the state's judicial privacy law, rejecting data brokers' request to stay the litigation while the Third Circuit weighs the statute's constitutionality.
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Uber Beats Defamation Claims In Philly RICO Fight
A Pennsylvania federal judge on Thursday tossed Philadelphia personal injury firm Simon & Simon PC's counterclaim accusing Uber and FedEx of sham litigation, extortion and abuse of process in response to the companies' ongoing RICO lawsuit against the firm.
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More Civil, Fewer Criminal Cases Shift State Courts' Workload
State courts may have to shift gears as new civil filings eat up more and more of their dockets, increasing far faster than new criminal cases, according to a recent report.
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Eric Adams' Onetime Aide Says Feds' Bribery Rap Is Too Thin
A former chief of staff to ex-New York Mayor Eric Adams told a federal judge Tuesday that prosecutors' claims that a hotel owner secured a $6.8 million migrant housing contract by papering City Hall with bribes is woefully short on detail, and the government should be ordered to flesh it out.
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Judge Punts $9.9M Lien Fight In 'Take Care Of Maya' Row
A Florida judge said Wednesday he would take up the breach of fiduciary duty claims filed by Maya Kowalski, the subject of the Netflix documentary "Take Care of Maya," against her former counsel before addressing the attorney's $9.9 million charging lien for the work he did representing her at trial.
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Calif. Bill Curbing PE Role In Litigation Heads To Newsom
A California bill to ban corporate investors from influencing litigation strategy is heading to Gov. Gavin Newsom's desk after passing with bipartisan support from the state Legislature.
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Prosecutors Say Goldstein Must Stay Behind Bars
Federal prosecutors told the Fourth Circuit on Tuesday to keep convicted Supreme Court attorney Thomas Goldstein behind bars while he appeals his conviction, arguing that he remains a serious flight risk with wealthy overseas connections and "an ongoing danger" whose tax crimes continued "even after conviction."
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Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal
A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.
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Former Gov't Attys Back DOJ's Challenge To DC Ethics Bodies
Ex-Justice Department leaders are throwing their support behind the DOJ's suit challenging alleged "unconstitutional overreach" by Washington, D.C., attorney disciplinary authorities in their handling of an ethics complaint against former Assistant Attorney General Jeffrey Clark.
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Legal Watchdog Lodges Bar Complaint Against Jeanine Pirro
The Legal Accountability Center said Tuesday that it filed a bar complaint against U.S. Attorney Jeanine Pirro, claiming that she abused her position to unjustifiably target Democratic lawmakers after they released a video reminding members of the military and intelligence community that it's their duty to refuse unlawful orders.
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Colo. Judge Ships $8.3M Messner Reeves Fraud Suit To Utah
A Colorado federal judge granted a motion Monday from law firm Messner Reeves LLP to move a lawsuit accusing the firm of stealing more than $8 million as part of a fraudulent loan scheme to Utah after finding the venue was the proper forum to litigate the claims.
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Canadian Insurer Escapes Subpoena In NJ Malpractice Row
A New Jersey state judge nixed a subpoena served on a Canadian insurer, ruling that the court lacked jurisdiction to compel a foreign nonparty to produce documents or testimony in Canada in a legal malpractice suit stemming from an $18 million judgment against a trucking company.
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Florida AG Slams Bar Complaint Against DHS Counsel
Florida Attorney General James Uthmeier wrote to the executive director of the Florida Bar to criticize a recent complaint made to the bar against James Percival, general counsel of the U.S. Department of Homeland Security, for attacking judges.
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Asbestos Firm Objects To Connecticut's New Suit Filing Plan
A Connecticut plaintiffs firm specializing in mesothelioma litigation has asked a Superior Court administrative panel to reconsider a decision to move all asbestos cases to the Complex Litigation Docket in Hartford.
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NY Times Says EEOC Dragging Feet On Anti-White Bias Info
The New York Times Company has sued the U.S. Equal Employment Opportunity Commission, claiming the anti-discrimination watchdog flouted federal law by failing to respond to requests for records of communications with conservative legal groups and agency efforts to investigate claims of bias against white workers.
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Watchdog Wants NY Judge Ousted Over Retaliatory Suit
The New York State Commission on Judicial Conduct has determined a state judge should be removed from office for filing a retaliatory defamation suit against an eye-care worker who had lodged an ethics complaint over the judge refusing to wear a mask in an office in 2021.
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Okla. Judge Keeps Malpractice Suit Over $92M Verdict Alive
An Oklahoma federal judge has refused to toss an insurer's malpractice suit against a law firm over a $92 million judgment in a dispute over apartment fire coverage.
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Judge Concerned About Misinformation In RealPage Case
A Tennessee federal judge has instructed a settlement administrator in the rent price-fixing litigation against RealPage and others to send out new notices informing eligible class members they have not been left out of deals worth more than $359 million, finding counsel representing intervenors in the case may have wrongfully told parties they've been excluded.
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6th Circ. Says Judge Can't Escape Teen Mock Arrest Suit
A Sixth Circuit panel on Monday allowed to proceed a Michigan federal lawsuit filed against a Detroit judge who handcuffed a 15-year-old student and subjected her to a mock trial after she fell asleep in his courtroom, ruling that judicial immunity does not protect him.
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Clio Hires Casetext Co-Founder For Move Into Judiciary
The legal tech giant Clio announced Tuesday the hiring of a Casetext co-founder to lead the strategy behind its move into the courts.
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Mich. Judge Lets Prosecutor's Retaliation, Bias Claim Proceed
A Michigan federal judge on Monday refused to dismiss a Washtenaw County assistant prosecutor's lawsuit accusing the elected prosecutor and his office of retaliating against him after he filed a grievance, finding he plausibly alleged First Amendment, whistleblower and race discrimination claims.
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High Court Lifts Block On Mail-In Ballot Changes
The Trump administration can proceed with plans to implement some new nationwide mail-in voting regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, but questions remain about the enforceability of proposed U.S. Postal Service restrictions.
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Legal Center Says DOJ Is Stonewalling Fund Records Request
A voting rights nonprofit is accusing the U.S. Department of Justice of stonewalling a request for records on the Trump administration's attempted "anti-weaponization fund," claiming that the agency has spent the summer unlawfully ducking a Freedom of Information Act submission.
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Ga. Judge Counters Offer To Resolve Ethics Charges
The lawyer representing DeKalb County Superior Court Judge Yolanda Parker-Smith told Law360 Pulse that she has rejected the Georgia Judicial Qualifications Commission's offer to resolve her ethics charges with a 90-day unpaid suspension, despite her owning up to what she calls "missteps" in her conduct.
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Software Co. Can't Arbitrate Conn. Judicial Branch Dispute
A Massachusetts software company on Friday lost its bid to force the Connecticut Judicial Branch into private arbitration over claims it was not fully paid for working on a court case management system decades ago, with a panel concluding the state's waiver of sovereign immunity allowed only a Superior Court lawsuit.
Expert Analysis
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Law Firms Cannot Ignore Attorneys' Personal Cybersecurity
Law firms that fail to consider their attorneys' online habits away from work are not using their best efforts to protect client information and are simplifying the job of plaintiffs attorneys in the case of a breach, say Mark Hurley and Carmine Cicalese at Digital Privacy and Protection.
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Why Writing CLE Should Be Mandatory For Lawyers
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Though effective writing is foundational to law, no state requires attorneys to take continuing legal education in this skill — something that must change if today's attorneys are to have the communication abilities they need to fulfill their professional and ethical duties to their clients, colleagues and courts, says Diana Simon at the University of Arizona.
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How To Find Your Inner Calm When Client Obligations Pile Up
In the most stressful times for attorneys, when several transactions for different partners and clients peak at the same time and the phone won’t stop buzzing, incremental lifestyle changes can truly make a difference, says Lindsey Hughes at Haynes Boone.
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Series
Ask A Mentor: How Can I Support Gen Z Attorneys?
Meredith Beuchaw at Lowenstein Sandler discusses how senior attorneys can assist the newest generation of attorneys by championing their pursuit of a healthy work-life balance and providing the hands-on mentorship opportunities they missed out on during the pandemic.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Advice For Summer Associates Uneasy About Offer Prospects
There are a few communication tips that law students in summer associate programs should consider to put themselves in the best possible position to receive an offer, and firms can also take steps to support those to whom they are unable to make an offer, says Amy Mattock at Georgetown University Law Center.
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How Law Firms Can Cautiously Wield AI To Streamline Tasks
Many attorneys are going to use artificial intelligence tools whether law firms like it or not, so firms should educate them on AI's benefits, limits and practical uses, such as drafting legal documents, to remain competitive in a rapidly evolving legal market, say Thomas Schultz and Eden Bernstein at Kellogg Hansen.
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Keys To Managing The Stresses Of Law School
Dealing with the pressures associated with law school can prove difficult for many future lawyers, but there are steps students can take to manage stress — and schools can help too, say Ryan Zajic and Dr. Janani Krishnaswami at UWorld.
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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.