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Daily Litigation
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Judge Backs Carlton Fields' Bid To Seek Miss America Fees
A Florida federal magistrate judge on Tuesday recommended allowing Carlton Fields PA to intervene in a $500 million dispute over the ownership of the Miss America competition, one day after the company's CEO filed a new suit against its former counsel.
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Fla. Bar Tosses Complaint Over DHS GC's 'Worst' Judge Posts
The Florida Bar has refused to investigate the general counsel of the U.S. Department of Homeland Security for potential ethics violations over his recent series of social media posts attacking sitting judges, citing a potential conflict with the authority of the federal government.
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Meta's In-House Legal Moves Blur Line Between Risk, Error
Ahead of the company's $17 billion settlement over claims its content harmed children, Meta's in-house lawyers drew criticism from a federal judge last week over their handling of privilege claims and damaging internal research. But attorneys and academics differ over whether the moves reflect legal missteps or defensible efforts to manage litigation risk.
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Ex-Judge To Guide Fund Wind-Down In Elliott-Stronghold Row
A Delaware vice chancellor has appointed former U.S. Bankruptcy Judge Christopher S. Sontchi as a special magistrate to oversee the wind-down of an oil and gas investment fund at the center of litigation between Elliott Investment Management LP and Stronghold Resource Partners.
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Combies Hanson Accused Of Missing 2-Year Lawsuit Window
Massachusetts personal injury firm Combies Hanson PC has been accused of missing Connecticut's two-year statute of limitations when filing an underlying lawsuit against Delta Air Lines on behalf of a man who alleges he was injured by an airplane's beverage cart.
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Sullivan & Cromwell Hires Ex-DOJ Antitrust Atty In DC
Sullivan & Cromwell LLP has hired a former Arnold & Porter Kaye Scholer LLP partner who focuses on antitrust issues and spent three and a half years in the Justice Department, the firm said Monday.
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Eve Legal Says AI.Law Doc Drafting Patent Is Invalid
California legal tech company Eve Legal wants out of a patent lawsuit brought by Ohio-based rival AI.Law, telling a San Francisco federal judge that the patent is insufficient, covering little more than using ordinary artificial intelligence tools to draft legal documents.
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Vartabedian Katz Adds McKool Smith Litigation Trio In Dallas
Vartabedian Katz Hester & Haynes LLP has bolstered its commercial litigation practice and gained a new intellectual property practice with the additions of three former McKool Smith lawyers in Dallas.
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Linklaters Welcomes J&J Litigation VP In New York
Linklaters LLP announced on Tuesday that Johnson & Johnson's vice president of litigation has joined its ranks in New York, touting his experience "leading the company through some of its most significant and complex legal challenges, including the litigation and resolution of one of the largest and most consequential mass torts in U.S. history."
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Fla. Bar Seeks Protective Order Against Suspended Atty
The Florida Bar has asked the state's highest court for a protective order to "substantially" limit a suspended lawyer's "unduly burdensome" and "excessive" initial request for production of documents in a protracted disciplinary proceeding.
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5th Circ. Judge Hints Court Order With AI Errors Can't Stand
A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.
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Judge Albright Joins A&O Shearman In Austin
Former U.S. District Judge Alan Albright has returned to private practice, joining Allen Overy Shearman Sterling as a partner in its intellectual property litigation team in Austin, Texas, the firm said Tuesday.
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9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent
A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.
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Jones Day Vet Returns After 'Intense' Run In High DOJ Post
An appellate attorney who fought some of the second Trump administration's biggest legal battles — involving immigration, the environment, spending conditions and more — is rejoining Jones Day after more than a year in the U.S. Department of Justice's top ranks, the firm announced Monday.
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How Did Litigants Fare In Judge Albright's 55 Patent Trials?
U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.
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Whistleblower Atty Award Cut To $5.4M After 9th Circ. Remand
A California federal judge cut fees and expenses to $5.4 million for attorneys representing a whistleblower in her suit against Academy Mortgage Corp., after a Ninth Circuit remand deemed the previously awarded $8.6 million to be too high.
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Ex-Broncos Player Says Attys Flubbed Indecent Exposure Case
A former professional football player is accusing his former attorneys of malpractice, claiming they ended his career by pressuring him into pleading guilty to crimes that labeled him a sex offender, restricted his travel and prevented him from contacting his younger brother and nieces, in a suit filed in Colorado state court.
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Quinn Emanuel Scoops Up Antitrust Pro From Kirkland In DC
Quinn Emanuel Urquhart & Sullivan LLP announced on Monday it has welcomed a Kirkland & Ellis LLP antitrust star with a storied background trying cases involving novel legal issues and representing major clients like UnitedHealth.
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Ramey Wants Full Fed. Circ. To Reconsider $207K Sanctions
William Ramey of Ramey LLP has urged the full Federal Circuit to review his liability for more than $207,000 in sanctions in a client's patent infringement suit against Volkswagen, arguing that his notices of appeal were faulty but still adequately identified him as a party.
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Ex-Blanche, Bondi Aide To Join Boies Schiller In DC
A former chief of staff at the U.S. Attorney General's Office for both Todd Blanche and Pam Bondi is joining Boies Schiller Flexner as a partner in Washington, D.C., the firm announced Monday.
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Ex-Clifford Chance Attys Fight Bid To Toss Clawback Suit
The two partners facing a $6 million clawback demand by Clifford Chance LLP have again asked a federal judge to decide whether English or New York law should govern the arbitration, claiming the firm's partnership agreement is unclear.
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Washington Litigation Group Makes Another High-Profile Hire
Washington Litigation Group, a D.C.-based boutique firm that says it aims to protect the rule of law, announced another high-profile hire on Monday, bringing on an attorney who argued Trump v. Slaughter, the U.S. Supreme Court case that addressed the constitutionality of independent agencies.
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New Report Rings Alarm On Threats To Judicial Independence
Verbal attacks on judges, disinformation about the courts and the defiance of court orders are undermining the independence of the federal judiciary and significantly affecting individual judges' ability to do their jobs, a report out Monday says.
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Meyer Unkovic Discovery Bid Partly Granted
A Pennsylvania federal magistrate judge partly granted Meyer Unkovic & Scott LLP's bid for discovery in a malpractice suit over a $3.3 million default judgment that was later thrown out, ruling the firm can obtain documents about defenses raised in the underlying landlord-tenant case.
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NJ Legal Malpractice Suit Revived Over Expert Rulings
A New Jersey state appellate court on Monday revived a legal malpractice suit over an underlying medical malpractice action, saying a trial court was wrong to exclude the plaintiffs' legal expert and subsequently dismiss the case for lack of expert testimony.
Expert Analysis
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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.
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ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers
Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.
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Pro Bono Work Is Valuable In IP And Continued Learning
The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.
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Increasing Public Access To Legal Services: A Practical Plan
Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.
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Priorities For Improving The Legal Industry In Texas
To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.
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Leading Your Law Firm's Creation Of A New Practice Group
Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.
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Series
Ask A Mentor: How Do I Relay Shortcomings To Associates?
Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.
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10 Principles For Effective Partner Reward Systems
Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.
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Why Interdisciplinarity Is Key To Designing The Future Of Law
The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.
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Series
Ask A Mentor: How Can New Partners Generate Business?
Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.