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Daily Litigation
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2nd Circ. Says Pillsbury Must Surrender $3.6M Retainer
Pillsbury Winthrop Shaw Pittman LLP was ordered on Thursday to hand over a $3.6 million retainer it was paid to defend a client against criminal and civil fraud charges, with the Second Circuit upholding a ruling that the funds were part of an asset freeze order issued in a U.S. Securities and Exchange Commission case.
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6th Circ. Slashes 'Egregious' Fee Award In Tax-Taking Suit
Michigan attorneys representing plaintiffs in a tax foreclosure suit had their awarded attorney fees, which more than doubled the settlement they obtained in the case, slashed by a Sixth Circuit panel in a published opinion Thursday.
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Richards Layton Under Fire Amid Bid To Avoid AI Sanctions
A firm has asked a Delaware vice chancellor to allow it to submit more "factual information" regarding what it says are inconsistencies in Richards Layton & Finger PA's attempt to avoid sanctions for submitting a filing with errors generated by artificial intelligence.
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New ABA Chief Seeks To 'Streamline' Org., Defend Democracy
The American Bar Association's new president, Barbara J. Howard, will focus on twin goals of defending democracy against expected unprecedented attacks associated with this year's midterm elections, while also reorganizing the association to run more efficiently, as she kicks off her one-year term this month.
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No Simpson Thacher Malpractice In PIPE Case, Jury Finds
Simpson Thacher & Bartlett LLP escaped a malpractice lawsuit late Thursday over its representation of Patriot National Inc. in a private investment in public equity transaction in the years before the company's downfall.
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Fisher Phillips Grows With Pair Of NJ Employment Litigators
Management-side labor law firm Fisher Phillips has brought aboard a pair of new partners in New Jersey who bring deep experience in employment litigation from Carmagnola & Ritardi LLC and Kaufman Dolowich LLP, the firm said Wednesday.
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Rising Star: Phillips & Associates' Melissa Berouty
Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who claimed whistleblower retaliation, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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Rising Star: Taft's EJ Thomas
E.J. Thomas of Taft Stettinius & Hollister LLP has helped foreign clients push back against U.S. antidumping and countervailing duty orders, securing roughly $100 million in savings for a Turkish pipe producer among other big wins, earning him a spot among the international trade attorneys under age 40 honored by Law360 as Rising Stars.
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Rising Star: Morgan Lewis' Zachary Johns
Zachary Johns of Morgan Lewis & Bockius LLP helped hospital network Aspirus escape an illegal monopoly lawsuit by convincing the court the plaintiffs' impact and damages model didn't hold water, earning him a spot among antitrust attorneys under age 40 honored by Law360 as Rising Stars.
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Pa. Atty Gets 1-Year Suspension Over Mishandled Injury Case
A Pittsburgh-area attorney accused of failing to communicate regularly with a former client will be unable to practice in Pennsylvania for 12 months after the state Supreme Court suspended his license.
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Camp Mystic Accused Of 'Forum Shopping' With Flooding Suit
The parents of a child swept away by floodwaters at Camp Mystic last year are asking a Texas federal court to send their wrongful death suit against it back to state court, saying the camp is "forum shopping" and attempting to "restart" the litigation.
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2 Law Firms Say IRS Wrongly Denied COVID-19 Tax Credits
A pair of law firms are alleging in Georgia federal court that the Internal Revenue Service wrongly denied their claims to employee retention credits, a tax incentive created during the height of the COVID-19 pandemic to encourage businesses to keep workers on their payrolls.
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CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ
Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.
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Backing Penalty For 1st Misquote, Panel 'Stunned' By Another
A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.
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Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules
A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual disputes remain over whether the university's course format change was retaliatory.
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Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef
A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."
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Murdaugh Loses Jury Tampering Suit Against Ex-Court Clerk
A South Carolina federal judge on Wednesday dismissed disgraced attorney Alex Murdaugh's jury tampering suit against a former court clerk who was found to have interfered in his murder trial, ruling there was no connection between his alleged damages and the ex-clerk's misconduct.
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3 Things To Know About The ABA's New President-Elect
California-based attorney Laura V. Farber became president-elect of the American Bar Association this week after decades of leadership experience within the organization and her local community.
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Simpson Thacher Witness Takes Aim At PIPE Stocks Claim
Simpson Thacher & Bartlett LLP wrapped up its defense Wednesday to a Florida state malpractice suit from the founder of Patriot National Inc. over the firm's handling of a private investment in public equity transaction, with a stock market expert testifying that short selling stock allowed under the deal didn't lead to the insurance services company's downfall.
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Atty Scolded Over Bogus Cases In San Antonio School Fight
A Texas state appellate panel on Wednesday admonished counsel for submitting a brief with four bogus case citations likely generated by artificial intelligence in defending a parent's lawsuit against a school district for suspending her fifth-grade son.
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McNees Wallace Botched Winery Land Dispute, Suit Says
The owner of a York County, Pennsylvania, winery who was forced to shut down his business says he suffered more than $2 million in damages after attorneys with McNees Wallace & Nurick LLP mishandled a dispute with neighboring property owners.
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Cole Schotz Adds IP Pro From Winstead In Dallas
Cole Schotz PC has added a veteran intellectual property attorney with over two decades of experience to its Dallas office as a member from Winstead PC.
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Rising Star: Littler's Rocio Blanco Garcia
Littler Mendelson PC shareholder Rocio Blanco Garcia's litigation work helped to clarify how employers can beat whistleblower cases in the Eleventh Circuit, and her advisory work gave thousands of employees of a Florida county access to paid parental leave, earning her a spot among the employment lawyers under age 40 honored by Law360 as Rising Stars.
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Brown Rudnick Adds 34 Attys, Will Open Silicon Valley Office
Brown Rudnick LLP announced on Wednesday that it had lured a 34-attorney intellectual property litigation group from Herbert Smith Freehills Kramer LLP and would be opening a Silicon Valley office with many of those lawyers.
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Ashurst Perkins, Nail Co. Lose Doc Bids In Malpractice Suit
Ashurst Perkins Coie won't have to turn over documents related to its predecessor firm's work for an Omani screw and nail manufacturer in international trade proceedings that are now the subject of a legal malpractice case, a Washington court has ruled, while also denying a discovery request from the firm.
Expert Analysis
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Law Firm Tips For Evaluating AI And Machine Learning Tools
Many legal technology vendors now sell artificial intelligence and machine learning tools at a premium price tag, but law firms must take the time to properly evaluate them as not all offerings generate process efficiencies or even use the technologies advertised, says Steven Magnuson at Ballard Spahr.
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A Call For Personal Accountability On Diversity And Inclusion
While chief legal officers are increasingly involved in creating corporate diversity, inclusion and anti-bigotry policies, all lawyers have a responsibility to be discrimination busters and bias interrupters regardless of the title they hold, says Veta T. Richardson at the Association of Corporate Counsel.
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Learning How To Code Can Unleash New Potential In Lawyers
Every lawyer can begin incorporating aspects of software development in their day-to-day practice with little to no changes in their existing tools or workflow, and legal organizations that take steps to encourage this exploration of programming can transform into tech incubators, says George Zalepa at Greenberg Traurig.
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Supporting Associates Amid Pandemic's Mental Health Toll
As junior associates increasingly report burnout, work-life conflict and loneliness during the pandemic, law firms should take tangible actions to reduce the stigma around seeking help, and to model desired well-being behaviors from the top down, say Stacey Whiteley at the New York State Bar Association and Robin Belleau at Kirkland.
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Series
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Mentoring a law student who is preparing for the bar exam without attending law school is an arduous process that is not for everyone, but there are also several benefits for law firms hosting apprenticeship programs, says Jessica Jackson, the lawyer guiding Kim Kardashian West's legal education.
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The Importance Of Client Engagement In Law Firm Innovation
As clients increasingly want law firms to serve as innovation platforms, firms must understand that there is no one-size-fits-all approach — the key is a nimble innovation function focused on listening and knowledge sharing, says Mark Brennan at Hogan Lovells.
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The Unique Challenges Facing Women-Owned Law Firms
In addition to establishing their brand from scratch, women who start their own law firms must overcome inherent bias against female lawyers and convince prospective clients to put aside big-firm preferences, says Joel Stern at the National Association of Minority and Women Owned Law Firms.
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The Pursuit Of Wellness In BigLaw: Lessons From My Journey
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Jane Jeong at Cooley shares how grueling BigLaw schedules and her own perfectionism emotionally bankrupted her, and why attorneys struggling with burnout should consider making small changes to everyday habits.
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Why We Must Recruit And Advance More Black Prosecutors
Black Americans make up a disproportionate percentage of the incarcerated population but are underrepresented among elected prosecutors, so the legal community — from law schools to prosecutor offices — must commit to addressing these disappointing demographics, says Erika Gilliam-Booker at the National Black Prosecutors Association.
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Series
Ask A Mentor: How Can Associates Deal With Overload?.jpg)
Young lawyers overwhelmed with a crushing workload must tackle the problem on two fronts — learning how to say no, and understanding how to break down projects into manageable parts, says Jay Harrington at Harrington Communications.
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A Scientific Path For Improving Diversity At Law Firms
Law firms could combine industrial organizational psychology and machine learning to study prospective hires' analytical thinking, stress response and similar attributes — which could lead to recruiting from a more diverse candidate pool, say Ali Shahidi and Bess Sully at Sheppard Mullin.
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Series
Ask A Mentor: How Can Associates Seek More Assignments?.jpg)
In the first installment of Law360 Pulse's career advice guest column, Meela Gill at Weil offers insights on how associates can ask for meaningful work opportunities at their firms without sounding like they are begging.
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Legal Sector Regulatory Reform Is Key To Closing Justice Gap
In order to improve access to justice for those who cannot afford a lawyer, states should consider regulatory innovations, such as allowing new forms of law firm ownership and permitting nonlawyers to provide certain legal services, says Patricia Lee Refo, president of the American Bar Association.