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Daily Litigation
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DOJ Officials Immune From NJ Mayor's False Arrest Suit
A New Jersey federal court on Friday dismissed Newark Mayor Ras Baraka's suit against federal officials for his allegedly unlawful arrest last year outside a U.S. Immigration and Customs Enforcement facility, finding the defendants are immune under the Federal Tort Claims Act.
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'Bad Faith' Subpoenas On Apple Execs Spur Fee Sanctions
A California federal magistrate judge imposed sanctions Thursday on Joseph M. Alioto of Alioto Law Firm for repeatedly trying to depose senior Apple executives, including then-CEO Tim Cook, in an attempt to drag the iPhone-maker back into consumer antitrust litigation accusing Google of shutting out rival search engines.
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Motley Rice Founder Remembered As Titan Of Mass Tort Bar
Motley Rice LLC co-founder Joseph F. Rice, who died Thursday, was remembered by former colleagues and friends as a "transformational" attorney and "giant in the civil litigation bar" who spent decades working on some of the most high-profile mass torts and obtaining landmark asbestos, opioid and tobacco settlements.
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Chrisleys Fight Balch & Bingham's Bid To Ax Malpractice Suit
Reality television stars Todd and Julie Chrisley asked a Georgia federal judge on Friday to reject an attempt by their former attorneys to dismiss a legal malpractice lawsuit that claims a critical pretrial mistake allowed evidence obtained through an unlawful search to be used against them at their criminal trial.
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DC Panel's Rare Rebuke Over AI Errors Flags Rules Gap
A D.C. appellate court panel issued a rare sua sponte sanctions order on Thursday after finding nonexistent case citations in a brief filed by a McCabe Weisberg & Conway LLC attorney representing Deutsche Bank National Trust Co. in a foreclosure action, noting an apparent gap in the rules governing the court's sanctions authority.
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Quinn Emanuel DQ'd In Defamation Case Over Stock Reports
A Texas federal court on Friday booted Quinn Emanuel Urquhart & Sullivan LLP from representing a Hong Kong manufacturing company in its defamation lawsuit against investment research service Muddy Waters LLC after finding that the law firm had received relevant confidential information when it represented Muddy Waters in a related government probe.
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Legal Sector Hiring Grows For 5th Month, But At Slower Pace
The legal sector saw 600 more jobs in August, growing for the fifth consecutive month, according to seasonally adjusted data released Friday by the U.S. Bureau of Labor Statistics.
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Skadden, Kirkland Fined $2M Over Ga. Case Cover-Up
A Georgia federal judge has ordered a $2 million sanction against defense attorneys from Kirkland & Ellis LLP and Skadden Arps Slate Meagher & Flom LLP in a fraud case, calling their actions "a widespread, long-running cover-up" in which they were found to have repeatedly hidden evidence unfavorable to their client.
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3rd Circ. Revives Malpractice Claim Against Kirkland Atty
A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry kicked off September with a busy week of attorney moves and law firm real estate trends. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Akerman Financial Services Atty Jumps To Baker Donelson
A longtime Akerman LLP attorney has moved her practice to Baker Donelson Bearman Caldwell & Berkowitz PC's financial services litigation and compliance team in Orlando.
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Retired Partner Stole $348K From Firm, Ill. Watchdog Alleges
The since-retired name partner of a suburban Chicago law firm is accused of using the firm's operating account to pay for nearly $350,000 in personal expenses including Disney World vacations, liquor and axe throwing, according to the Illinois Attorney Registration and Disciplinary Commission.
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Ski Biz 'Existential Crisis' Looms Amid Firms' Antitrust Fights
Two antitrust lawsuits against the country's biggest ski resort companies could represent an "existential crisis" to the ski industry, though they each tackle different types of terrain.
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Ex-Pardon Atty Says DOJ Fired Her Over Actor's Gun Rights
Former U.S. pardon attorney Liz Oyer sued the U.S. Department of Justice Thursday in Washington, D.C., federal court, alleging the department unlawfully fired her for not recommending Mel Gibson get his gun rights back — a request she said was based on the actor's relationship with President Donald Trump.
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Dutch Software Co. Asks Justices To Halt TM Trial
A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.
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Jackson Walker, Watchdog To Argue Standing Despite Deal
The U.S. Trustee's Office and Texas law firm Jackson Walker LLP are heading for a fight next week about whether the bankruptcy watchdog has standing to claw back attorney fees after a scandal touched some of the firm's cases — but it's a battle that both sides no longer want.
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NJ Judge Strikes Experts In Faegre Drinker Malpractice Suit
A New Jersey state judge has struck the expert reports in a legal malpractice suit against Faegre Drinker Biddle & Reath LLP, barring the experts from testifying unless the Sept. 14 trial over a real estate deal gone awry is postponed.
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Ga. City, Ex-Court Admin To Mediate Retaliation Dispute
A federal judge has stayed a former court administrator's suit alleging the city of East Point, Georgia, fired her for complaining about a city council member's attempt to have a relative's court fine withdrawn, saying the parties intend to mediate.
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Greenberg Traurig Adds Ex-Federal Prosecutor In Los Angeles
Greenberg Traurig LLP has announced that a longtime federal prosecutor joined the firm's Los Angeles office as a litigation shareholder after nearly two decades with the U.S. Department of Justice.
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Federal Judge Warns Threats Imperil Judicial Independence
U.S. District Judge Beth Bloom of the Southern District of Florida told Law360 that judges and members of the bar need to educate the public on the judiciary's important role in American democracy to combat increasing threats, speaking following the release of two reports this week that warn of safety concerns for judges and that defiance of court orders is undermining the federal judiciary's independence.
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Law Firm, Closing Agents Faulted For Not Flagging Fraud
A Pittsburgh-area real estate settlement company wrongfully released the money from a divorcing couple's property sale to a fraudster, and the law firm that was supposed to get the money didn't notice until nearly a month later, the couple claim in a lawsuit filed in Pennsylvania state court.
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Whistleblower Says She Wasn't Going Around Hospital Attys
Attorneys representing a western Pennsylvania hospital misconstrued a conversation a whistleblower nurse had with another employee, the nurse told a Pennsylvania federal court on Wednesday in opposing the hospital's motion for a protective order preventing her from speaking with her co-workers about the lawsuit.
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Philly Firm Says Recent Discovery Dooms Uber's RICO Suit
Philadelphia personal injury firm Simon & Simon PC has asked a Pennsylvania federal judge to dismiss Uber's complaint accusing it of orchestrating a fraudulent scheme to inflate settlements, claiming it learned through discovery that the company has not been damaged by the payouts.
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Cooley Trial Partner Joins King & Spalding In NY
King & Spalding LLP said Thursday it has added a veteran trial attorney with over two decades of experience to its business litigation practice as a New York-based partner from Cooley LLP.
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Fox Rothschild Says Adult Day Care Suit Rehashes Claims
Fox Rothschild LLP is urging a New Jersey state court to toss claims against the firm and one of its attorneys in a complaint related to the firm's prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm.
Expert Analysis
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General Counsel And Legal Ops Must Work Together
It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.
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How Generative AI's Growing Memory Affects Lawyers
A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.
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A Model For Optimal Legal Tech Investment Strategy
Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.
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Series
My Nonpracticing Law Job: Recruiter
Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.
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Series
Ask A Mentor: How Do I Balance Social Activism With My Job?
Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.
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Personality Tests And Machine Learning Applications In Law
Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.
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AI Is Reshaping Lawyering: What To Expect In 2024
The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.
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Embrace Active Voice In Legal Writing — In Most Cases
Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.
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Series
Ask A Mentor: How Can I Help Associates Turn Down Work?
Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.
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How AI Legal Research Tools Are Shifting Law Firm Processes
Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.
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Data Source Proliferation Is A Growing E-Discovery Challenge
With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.
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Bracing For A Generative AI Revolution In Law
With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.
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Why I Use ChatGPT To Tell Me Things I Already Know
The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.
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Series
Ask A Mentor: How Can I Use Social Media Responsibly?
Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.
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Yada, Yada, Yada: The Magic Of 3 In Legal Writing
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Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.