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Daily Litigation
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An Ex-BigLaw Atty Shot His Wife. Who Gets Her Settlement?
The administrator of the estate of Diane McIver, who was fatally shot by her husband, former Fisher Phillips partner Claud "Tex" McIver, while driving through Atlanta in 2016, has asked a Georgia state court to decide who is entitled to settlement funds from a wrongful death case brought by the estate.
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Rutgers Law Students Must Provide Comms In Bias Suit
A pair of Rutgers Law School students must turn over recordings and messages in a Jewish classmate's lawsuit accusing the school of antisemitic bias for opening a disciplinary investigation against him after he spoke out against the same two students for allegedly spreading antisemitism, a New Jersey state judge has ruled.
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Pa. Panel Erases $8.3M Atty Fee Win In Chlorine Leak Case
The Pennsylvania Superior Court has overturned an $8.3 million attorney fee award in a lawsuit over chlorine gas damage to a chemical plant and its workers, but preserved a nearly $14.3 million judgment in favor of the plant's owner.
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Houston Law Firm Can't Arbitrate 'Excessive' Fees Claims
A homeowners' association can proceed with its lawsuit against Vethan Law Firm PC in a Texas state court over allegedly "needless and excessive fees" because the firm failed to prove the existence of an arbitration agreement, a Texas state appellate court has ruled.
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AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo
An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.
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Texas Atty Accuses Ex-Partner Of 'Unilaterally Doubling' Comp
A Houston-area attorney is suing Bergquist Law Firm PLLC and its owner for nearly $7 million for "unrelenting" violations of their partnership agreement and fiduciary duties.
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Black Jurors Wrongly Excluded From Fla. Trial, 11th Circ. Told
A Florida attorney on Wednesday urged an Eleventh Circuit panel to revive his federal complaint against the city of Orlando, saying the wrong statute of limitations standard was used to dismiss a lawsuit alleging his civil rights were violated when opposing lawyers had Black jurors removed from his personal injury trial against the city.
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Ex-Skadden Atty, Credit Suisse Beat TransPerfect's Fraud Suit
A Delaware federal judge has tossed TransPerfect Holdings LLC's lawsuit alleging that misrepresentations by a now-retired Skadden Arps Slate Meagher & Flom LLP partner and Credit Suisse Securities (USA) LLC led it to pay too much for language translation company TransPerfect Global Inc., finding that claims are time-barred.
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Lewis Brisbois Employment Attys Join Kaufman Dolowich
Kaufman Dolowich has hired a pair of Lewis Brisbois Bisgaard & Smith LLP employment attorneys as partners in Los Angeles.
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Pryor Cashman Adds Ex-Morvillo Abramowitz White Collar Pro
Pryor Cashman LLP has added a white collar defense attorney previously with Morvillo Abramowitz Grand Iason & Anello PC as a partner in its New York office, the firm has announced.
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Ga. Boutique Finch McCranie Adds Trial-Tested Atty
Atlanta boutique Finch McCranie LLP has brought on a former prosecutor who has handled more than 100 jury trials, strengthening its work in catastrophic injury or death caused by negligence cases.
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LegalZoom Hit With Unlawful Law Practice Suit In NJ
LegalZoom has been hit with a proposed class action in New Jersey state court alleging it has engaged in the unauthorized practice of law in the Garden State.
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Atty Retaliation Claim 'Self-Serving Spin,' Major Lindsey Says
Legal recruiter Major Lindsey & Africa has asked a Maryland federal judge to toss an associate's claim that she was retaliated against after suing Troutman Pepper for racial discrimination, arguing that the absence of a contract between the parties dooms her claim, and that she failed to show that the recruiter "acted with a retaliatory motive or intent."
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Former NYC Bar President Looks At Tenure, Legal Advocacy
When Jenner & Block LLP partner Susan Kohlmann became president of the New York City Bar Association in May 2022, the vibes were off.
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Armstrong Teasdale Elects 5 Executive Committee Members
Armstrong Teasdale LLP has elected five new members to its executive committee and two members to its compensation committee, the firm announced Wednesday.
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Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici
Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.
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Removal Of Poaching Suit Backed By Congress, Atty Argues
A former associate of a Houston personal injury firm accused of stealing client files and recording hours of private conversations told the Fifth Circuit on Tuesday that Congress provides "the luxury of a bright-line rule" that allowed him to remove the firm's state court case against him to federal court after he filed a motion to dismiss.
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Franchise Co. Faces Sanctions For 'Frivolous' 7th Circ. Appeal
The Seventh Circuit has upheld a district court's order that restaurant franchise company Sun Holdings Inc. must pay insurer American Zurich a roughly $1.1 million arbitration award plus interest and attorney fees in a dispute over a workers' compensation policy, and ordered Sun Holdings to show cause for why further sanctions aren't warranted for a "frivolous appeal."
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Tax Law Firm Can't Kick Ex-Clients' Class Suit To Arbitration
Former clients of a Florida-based tax law firm who live in Wisconsin can move forward with their proposed class action accusing the firm of malpractice and charging illegal fees, a Wisconsin federal judge ruled Tuesday, rejecting the firm's requests to toss the suit or move it to arbitration.
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BofA Gets First Nod For $21M Wire Fee Settlement
A North Carolina federal judge gave an early nod Tuesday to a $21 million settlement between Bank of America NA and the proposed class of its customers who accused it of slapping $15 "junk fees" on their incoming wire transfers, with $7 million of the deal going to class counsel.
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Netflix Settles Central Park 5 Defamation Case Ahead Of Trial
Netflix has settled a lawsuit alleging one of its docuseries defamed a Manhattan prosecutor who was involved in the Central Park Five case, agreeing Tuesday to donate $1 million to a nonprofit dedicated to preventing wrongful convictions.
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Experian Accuses Firms Of Fake Mortgage Denial Scheme
Credit reporting law firm Stein Saks PLLC headed up a nationwide scheme to "extort" Experian into settling "sham" lawsuits by consumers through creating fake credit denial letters in order to inflate damages and bolster their consumers' suits, according to a federal lawsuit filed by the credit reporting agency.
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Legal Tech Co. Wants Ex-Exec's $1M Stock Suit Out Of NY
A former legal tech executive's lawsuit claiming she was sexually harassed, fired and then cut out of $1 million in stock options should be moved from New York to either Texas or arbitration, or dismissed entirely, her former colleagues said Tuesday, calling the allegations against them "vague and conclusory."
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Clinton Says Dismissal Of Trump's RICO Suit Was Warranted
Hillary Clinton and members of the Democratic National Committee urged the Eleventh Circuit not to revive Donald Trump's suit alleging they conspired to push false claims of Russian election interference in 2016, arguing that the dismissal and resulting sanctions for pursuing the frivolous suit should be kept in place.
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Liberty Mutual Wants NJ Judge Removed From Accident Case
Liberty Mutual urged a New Jersey federal judge to recuse himself from a construction accident coverage case Monday arguing that he failed to disclose at the beginning of litigation that he holds multiple policies with the insurer dating back to 1980 and was previously investigated over a missing jewelry claim.
Expert Analysis
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How Law Firms Can Welcome And Celebrate Autistic Lawyers
As the U.S. observes Autism Acceptance Month, autistic attorney Haley Moss describes the societal barriers and stereotypes that keep neurodivergent lawyers from disclosing their disabilities, and how law firms can better accommodate and level the playing field for attorneys whose minds work outside of the prescribed norm.
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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
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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
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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.