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Daily Litigation
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After Tense Terms, Hints Of High Court Harmony With Circuits
Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.
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Univ. Says Montgomery McCracken Must Face Negligence Suit
Rider University panned Montgomery McCracken Walker & Rhoads LLP's move to dismiss a malpractice suit against it over the botched sale of a $42 million school property as "laughable" in a recent brief to a New Jersey Superior Court.
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Ballard Spahr Promotes Longtime IP Atty To Team Chair
Ballard Spahr LLP has elevated an Atlanta-based intellectual property partner to lead its intellectual property department, according to a Monday announcement.
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Blume Forte Beats Nagel Rice Bid To Undo Arbitration Win
Blume Forte Fried Zerres & Molinari PC defeated a bid by Nagel Rice LLP to overturn a $56,000 arbitration award over a fee dispute between the firms before the New Jersey Appellate Division on Monday.
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DOJ Antitrust Litigator Rejoins Hausfeld In San Francisco
Hausfeld LLP announced Monday that after a stint serving as litigation counsel with the U.S. Department of Justice's Antitrust Division, an experienced San Francisco-based attorney has rejoined the firm as a partner.
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These Small Firm Attys Specialize In Pay-Per-View Fights
Thousands of lawsuits have been filed in recent years by distributors of pay-per-view fights, who allege that bars and other commercial businesses are not paying the proper licensing fees. The cases have led to the creation of a small firm legal niche, and they offer lessons for other lawyers handling similar cases.
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DOJ Looks To Block ABA's Trump Adviser Subpoenas
The American Bar Association cannot demand documents and deposition testimony from a Trump adviser in its lawsuit over the Trump administration's executive orders targeting law firms, since any communication between a presidential adviser and the chief executive is privileged, the government has told a New York federal court.
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Murdaugh Fights Clerk's Bid To Ax Jury-Tampering Suit
A former court clerk found to have interfered in Alex Murdaugh's murder trial cannot escape civil claims over the tampering, the disgraced attorney told a South Carolina federal court, stating in an opposition that the clerk cannot argue her way out of the state Supreme Court's finding that she tampered with the jury.
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Partnership Docs Sealed In Clifford Chance Clawback Spat
A federal judge has sealed the partnership agreements that two ex-Clifford Chance LLP practice group heads who jumped to Sidley Austin LLP included in their lawsuit challenging a nearly $6 million clawback demand, after Clifford Chance claimed the tactics put it at a competitive disadvantage.
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Blank Rome Sued Over Breach Allegedly Affecting 57K People
An attorney with Blank Rome LLP was tricked into uploading sensitive files to an external Google Drive account, allegedly exposing private information belonging to more than 57,000 individuals, according to a proposed class action accusing the law firm of inadequate cybersecurity safeguards and delayed breach notification.
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Employment Litigator Rejoins Ogletree In Calif. From Boutique
Ogletree announced Monday the management-side labor and employment law firm has added to its roster of attorneys in Orange County, California, a new shareholder who is returning to the firm following a short time at employment boutique GBG LLP and several years practicing at Constangy.
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Lowenstein Sandler Hires Another Enviro Atty From Latham
Lowenstein Sandler LLP announced Monday that it has added another former Latham & Watkins LLP attorney to its environmental law and litigation practice.
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Richards Layton Faces Possible Sanctions Over AI Errors
Richards Layton & Finger PA and one of its attorneys have been directed by the Delaware Court of Chancery to show why they should not be sanctioned for a brief submitted with "hallucinated legal propositions" generated by artificial intelligence and for not taking steps to remediate those errors.
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Texas Litigation Boutique Carter Arnett Adds 2 Attys To Name
Dallas litigation boutique Carter Arnett PLLC said it has rebranded as Carter Arnett Stahl + Cho Hernandez PLLC in recognition of the contributions of two longtime partners.
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Roc Nation Calls Out Alleged AI Citations In Fat Joe Case Brief
Roc Nation LLC has told a New York federal judge that plaintiff Terrance Dixon's opposition brief filed in a pending Rule 11 sanctions fight should be struck down in part because it includes what the company alleges are fabricated quotations attributed to real judicial decisions.
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The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including presidential power, immigration and voting regulations. Here's a look at the law firms that argued the most cases and how they fared.
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Netflix Says 'Exceptional Misconduct' Merits $3M In Atty Fees
Netflix urged a California federal judge on Thursday to order a Finnish national and his former Ramey LLP attorney to pay $3 million in legal fees due to "exceptional misconduct" and "fraud," saying both knew the plaintiff didn't own an asserted patent and so lacked standing to sue.
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Texas Medical Board Says AG Can't Swap Teams In Suit
The Texas Medical Board asked a state court to bar the Texas attorney general from intervening in a case of a doctor who tried to treat a COVID-19 patient with ivermectin, saying the attorney general previously represented the board and cannot switch sides.
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Revised Suit Against Erika Girardi's Attorney Tossed
A Florida federal judge once again dismissed a clothing company's abuse of process suit against an attorney of "Real Housewives of Beverly Hills" star Erika Girardi, determining Thursday it was a "shotgun pleading" for the second time in less than a year.
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'Embarrassed' Conn. Atty Details ChatGPT Briefing Errors
With a sanctions hearing on the horizon, a Connecticut attorney has told the state's highest court he is "extremely embarrassed" by artificial intelligence errors in briefs filed in two recently decided cases, explaining he used ChatGPT to edit his research without knowing it could make "unprompted changes to the content."
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Mass Tort Titan Paul J. Napoli Dies
Paul J. Napoli, an influential plaintiffs attorney who worked on some of the nation's highest-profile mass tort matters in recent decades, died on Tuesday at the age of 58.
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Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.
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Nelson Mullins Adds Yukevich Cavanaugh Litigator In LA
Nelson Mullins Riley & Scarborough LLP added a longtime attorney from California-based boutique Yukevich Cavanaugh to its Los Angeles office, adding an attorney with significant litigation skill.
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When Does A Firm's 'Breakup' Fee-Split Contract Go Too Far?
It looked like a win for plaintiffs' firms when the Kentucky Supreme Court recently upheld a firm's 75% claim on fees from cases an attorney took with him when he launched his own practice, but the narrow ruling may leave room for lawyers to challenge similar agreements as penalties for leaving their firms.
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Georgia Atty Can't Revive Defamation Suit Over Ethics Case
The Georgia Court of Appeals has upheld the dismissal of a Georgia attorney's defamation suit against two people involved in an unsuccessful disciplinary action against her, saying her rambling appeal failed to prove that the trial court erred in dismissing her claims.
Expert Analysis
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Opinion
We Must Continue DEI Efforts Despite High Court Headwinds
Though the U.S. Supreme Court recently struck down affirmative action in higher education, law firms and their clients must keep up the legal industry’s recent momentum advancing diversity, equity and inclusion in the profession in order to help achieve a just and prosperous society for all, says Angela Winfield at the Law School Admission Council.
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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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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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A GC's Guide To Litigation, Inspired By Sun Tzu's 'Art Of War'
With caseloads and spending increasing, in-house counsel might find themselves called to opine on the risks and benefits of litigation more often, and they should look at five Sun Tzu maxims from the ancient Chinese classic "The Art of War" to inform their approach to any suit, says Jeff Golimowski at Womble Bond.