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Courts
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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.
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Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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Saxton & Stump Expanding In Central Pa. With Former Judge
Saxton & Stump will kick off the new year by growing its offices in York and Harrisburg, Pennsylvania, with a magisterial district judge who will join the firm when her term is over at the end of December.
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DOJ Top Enviro Atty Joins Pillsbury In DC
The former assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division has come aboard Pillsbury Winthrop Shaw Pittman LLP's Washington, D.C., office, the firm announced Monday.
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Port Authority Chair Gets NJ Committee Nod For Another Term
The New Jersey Senate Judiciary Committee voted to reappoint Kevin O'Toole, chair of the Port Authority of New York and New Jersey since 2017, to another six-year term on the board of commissioners of the agency on Monday.
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Justices Question Scope Of ISP Liability In $1B Piracy Case
U.S. Supreme Court justices pressed Cox Communications on whether internet service providers could ever be liable for their customers' online piracy if it defeated a $1 billion case brought by music companies, with Justice Ketanji Brown Jackson questioning the company's attorney Monday if "selling internet services can ever be culpable conduct."
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3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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Ohio Panel Says Locked Court Doors Didn't Violate Trial Right
An Ohio appeals court said on Wednesday that a decision to continue a trial after courthouse doors were locked at the close of business did not violate a man's rights, denying his bid for a new trial.
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State High Courts See Little Progress In Improving Diversity
State supreme courts have seen minimal improvements in the racial and gender diversity of their jurists, as new justices have been disproportionately white and male, with even less progress made in seating justices with varied professional experiences, according to a recent report.
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11th Circ. Denies Trump Bid To Revive Clinton, DNC RICO Suit
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
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NJ AG, Comptroller Blast Bill To Strip Agency's Probe Powers
New Jersey Attorney General Matthew Platkin is set to go before lawmakers on Dec. 1 to speak out against a proposed bill aimed removing investigatory powers from the Office of the State Comptroller after calling the proposal "outrageous" on social media.
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Fla. Supreme Court Calls For 25 New State Judgeships
The Supreme Court of Florida on Wednesday asked the state's Legislature for 13 additional circuit court judgeships and 12 more county court bench seats in fiscal year 2026-27.
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Gov.-Elect Sherrill Taps Dozens Of Attys For Transition Teams
New Jersey Gov.-elect Mikie Sherrill's recently announced transition teams feature a number of legal professionals from within New Jersey and outside the state working in a variety of roles as she prepares for her term to begin.
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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court
The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.
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Democracy Forward Adds High-Profile Former DOJ Atty
A former top attorney in the Justice Department's Office of Immigration Litigation, who was fired in April after telling a court the deportation of Kilmar Ábrego García was made in error, has joined Democracy Forward as a senior counsel, the group announced Tuesday.
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Ga. Prosecutor Drops Election Case Against Trump, Allies
A Georgia prosecutor on Wednesday officially dropped the racketeering case against President Donald Trump and others accused of attempting to overturn the state's 2020 presidential election results.
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6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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Trial Over Judge's Alleged ICE Interference Gets Ground Rules
A Wisconsin federal judge on Tuesday set some ground rules for an anticipated December trial over criminal charges alleging a state judge attempted to hinder a U.S. Immigration and Customs Enforcement arrest this spring, including the types of arguments and evidence that can be presented to the jury.
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Ex-Bank GC Faces Garnishments After $7M Restitution Order
Fidelity Brokerage Services LLC has told the Connecticut federal court it blocked a former Webster Bank general counsel from drawing money from five accounts totaling close to $178,000 in response to recent garnishment actions, presumably filed by prosecutors to satisfy part of a $7.4 million fraud restitution order.
Expert Analysis
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Ask A Mentor: Is Secondment A Good Career Move?
Kate Driscoll at Morrison Foerster suggests six questions to help candidates evaluate whether a secondment will benefit their career.
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3 Trends Reshaping Chief Marketing Officer Appointments
Recent approaches to hiring chief marketing officers demonstrate how firms are reimagining their marketing and business development frameworks to stay competitive and responsive to evolving client needs, says Murray Coffey at M Coffey.
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Talking Mental Health: Working As A Mom Of An Autistic Son
Sarah Kovit Hanna at Assurant discusses how she balances the demands of her in-house role and the support needs of her son, who was diagnosed with autism, as a single mom, and reflects on how the legal industry can better support caretakers of family members who have special needs.
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Ask A Mentor: How Can I Maximize My Pro Bono Impact?
Debbie Berman at Jenner & Block offers advice on how attorneys can make a meaningful impact on their communities through pro bono work while enhancing their professional development through strengthened client-facing skills, hands-on experience and more.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
My Nonpracticing Law Job: Law Firm Marketer
Liz Bard Lindley at Jaffe PR shares how she went from a family law associate who helped write industry articles to a savvy legal public relations and marketing professional, and offers takeaways for any attorney who might not feel at home in their law practice and is considering alternative career paths.
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The Case For Keeping The Gas On Deputy GC Compensation
In recent years, the deputy general counsel role has expanded and become increasingly vital in organizations across the globe, and companies should consider a few ways to retain this top talent, including by offering competitive compensation that reflects projected increases, says Heather Fine at Major Lindsey.
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Talking Mental Health: The View From Life After BigLaw
Life coach and author Wendy Tamis Robbins discusses why she left a career in BigLaw to work in the professional well-being space after finding freedom from anxiety, obsessive-compulsive disorder and substance use disorders, and highlights two changes the legal industry should implement to address attorneys' mental health.
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6 Essential Skills For Summer Associates To Land An Offer
Excerpt from Practical Guidance
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With full-time offer rates at the lowest point since 2012, summer associates must do all they can to distinguish themselves, starting with a few fundamentals — from the importance of asking clarifying questions to being honest about mistakes, says James Argionis at Cozen O'Connor.
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Making Legal Cents: How Law Firms Can Innovate Faster
To meet the demands of an evolving legal market and changing client expectations, law firms must not only embrace innovation, but also find ways to accelerate adoption and mitigate risks in an industry historically resistant to change, says Shireen Hilal at Maior Strategic Consulting.
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Ask A Mentor: How Should Departing Partners Approach Pay?
Sabina Lippman at CenterPeak discusses steps BigLaw partners can take when considering a move or announcing their departure to help navigate tricky compensation issues and remain on good terms with their current partners.
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How 2 Litigators Decided Dad Would Stay Home With The Kids
Jennifer Hoekstra at Aylstock Witkin shares the tough conversations about timing, goals, logistics and values involved in her family's decision that she would build her career as a litigator and law firm partner while her husband stepped back from his own litigation role to stay home with their children.
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Series
My Nonpracticing Law Job: Legal Commentary Ghostwriter
Wayne Pollock at Copo Strategies shares how he went from overworked Am Law 50 associate to owner of a legal thought leadership ghostwriting service, and provides four lessons for anyone who might be considering launching a business within the legal industry.
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Ask A Mentor: As Trials Grow Rarer, How Do I Hone My Skills?
Gary Parsons at Brooks Pierce offers advice for young lawyers seeking trial experience in an environment where fewer cases make it to trial, including how to build their reputations, set their expectations and pick the right firm.
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Talking Mental Health: Managing Depression As A Co. Founder
New Era ADR co-founder Collin Williams discusses his journey navigating a clinical depression diagnosis, how this experience affected his leadership style, and what the legal industry can do to better support attorneys with mental health conditions.