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Legal Ethics
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October 03, 2024
NJ Mogul's Brother Says Lawyering Isn't Racketeering
Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.
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October 03, 2024
Jones Day Parental Leave Bias Claims Must Go To Jury
Jones Day will have to defend its family leave policy at trial against claims from married ex-associates who say it is discriminatory and violates District of Columbia law, a D.C. federal judge said Thursday in concluding such bias allegations were a close call.
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October 03, 2024
Brokerage Made 'Mockery' Of Courts, Texas Justices Told
A Dallas law firm urged the Texas Supreme Court at a hearing Thursday to uphold an appellate court's ruling that tossed a $22 million malpractice verdict against the firm in a dispute with a real estate brokerage, accusing the company of changing positions "depending on where the money lies."
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October 03, 2024
Sham Law Firm Employee Gets 5 Years For Foreclosure Fraud
A Virginia man was sentenced to five years in prison and hit with a $159,000 fine for what a D.C. federal judge called Thursday the "horrendous" crime of using a Manassas law firm to defraud homeowners facing foreclosure.
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October 03, 2024
Judicial Picks From 3 States Remain Hearing-Less
With a dwindling number of days left on the Senate's 2024 calendar, Democrats are pushing to confirm more judges so President Joe Biden can meet or exceed former President Donald Trump's record.
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October 03, 2024
Newest High Court Reform Bill Would Cap Gifts At $50
A group of Democratic senators has introduced new legislation that would place price caps and other restrictions on gifts received by U.S. Supreme Court justices in an effort to bring the court's ethical rules closer in line with those followed by federal employees and members of Congress.
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October 03, 2024
Conn. Atty May Face Discipline, Again, Over Probate Case
A Connecticut attorney with an extensive disciplinary history is again in hot water with ethics regulators by failing to file a case in probate court following the death of a woman whose relatives he represented.
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October 03, 2024
Western Pa. DA Accused Of Abusing Power To Attack Rivals
A former district attorney and the chief detective for Greene County, Pennsylvania, have been accused by the state attorney general of abusing their office by investigating political rivals, circumventing county officials' guidelines and attempting to create their own SWAT team.
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October 03, 2024
Giuliani's Fla. Condo Is Not Off Limits, Ga. Poll Workers Say
Two Georgia women who Rudy Giuliani accused of committing ballot fraud in the 2020 presidential election say his $3.5 million Florida condominium should be sold to help cover their $148 million defamation win against him, arguing he never established a "homestead" there before they brought a lien.
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October 02, 2024
Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery
Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."
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October 02, 2024
Atty 'Malfeasance' Upends NY Manslaughter Conviction
A New York state judge reversed a manslaughter conviction against a man who says he mistakenly killed his friend, ordering a retrial after it was revealed his then-attorney concealed information he obtained about the trial judge's concerns with the defense's case.
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October 02, 2024
Ex-Federal Judge's Sex Misconduct Spurs New Criminal Trial
The sexual misconduct scandal that toppled a federal judge in Alaska has now caused a criminal conviction to be overturned, despite prosecutors' insistence that the judge's "out-of-court judicial misconduct" had no effect on the trial.
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October 02, 2024
Convicted Judge Owes Feds Retirement Funds, 7th Circ. Says
A former Illinois judge convicted of running a $1.4 million mortgage fraud scheme must cough up assets from her retirement accounts to cover her restitution obligations, the Seventh Circuit ruled Wednesday, agreeing with a Chicago district court that the government can access her retirement savings to satisfy that debt.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
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October 02, 2024
Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling
A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.
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October 02, 2024
Defense Atty Escapes DQ In $3M Transaction Row, For Now
An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.
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October 02, 2024
State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle
Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.
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October 02, 2024
Game Artist's Discovery Violations Doom Gen Con Suit
A Washington state appeals court has refused to revive a role-playing game illustrator's defamation suit against the gaming convention Gen Con, concluding he deliberately violated discovery rules and court orders by failing to respond to defense attorneys' information requests.
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October 02, 2024
Madigan Can't Duck Bribery Claims After High Court Ruling
An Illinois federal judge on Wednesday declined to dismiss bribery charges against former Illinois House Speaker Michael Madigan after the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, while also refusing to sever his case from his co-defendant's.
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October 02, 2024
FisherBroyles Hit With Malpractice Suit Over Stem Cell Case
A Southern California stem cell treatment center hit FisherBroyles LLP with a $10 million malpractice suit in state court over the law firm's work defending it in a patent infringement case that settled, claiming the defense was so incompetently handled that it had to hire WilmerHale as the case approached trial.
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October 02, 2024
Ex-NJ Judge Wants Rethink Of Discovery Delay Bid Rebuff
A former New Jersey workers' compensation judge challenging her removal from the bench has asked a judge for more time to make her case, arguing that the matter is plagued by voluminous written discovery that leaves little time for depositions.
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October 02, 2024
Trump 'Resorted To Crimes' To Cling To Power, Feds Say
Donald Trump's alleged scheme to subvert the 2020 election results was "fundamentally a private one," special counsel Jack Smith told a D.C. federal judge in a newly unsealed brief that vies to prove that the former president is not immune from charges of election interference.
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October 02, 2024
Texas High Court Skeptical Of Atty Solicitation Law Overreach
The Texas Supreme Court on Wednesday appeared skeptical that an anti-solicitation statute should apply to lawyers licensed in the state who used "case runners" to attract personal injury clients who live out of state for lawsuits filed and decided beyond the borders of the Lone Star State.
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October 02, 2024
Wells Fargo Says Atty Can't Blame It For Getting Scammed
Wells Fargo has asked a Colorado state judge to dismiss claims brought by an attorney and conservative political figure alleging the bank failed to cancel his wire transfer from a client's account to what ended up being a scammer's Hong Kong account.
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October 02, 2024
Quinn Emanuel Can't Ignore Past Oro Negro Ties, Oil Co. Says
Oro Negro Drilling Pte. Ltd. said former counsel Quinn Emanuel Urquhart & Sullivan LLP must produce confidential information in a discovery bid to disqualify its attorneys in Mexican proceedings.
Expert Analysis
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Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical
William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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Handling Hostile Depositions: Keep Calm And Make A Record
When depositions turn contentious, attorneys should, among other strategies, maintain a professional demeanor and note any objectionable conduct on the record, thereby increasing chances of a favorable outcome for the client while preserving the integrity of the legal process, say attorneys at Steptoe & Johnson.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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A Midyear Look At How AI Is Affecting Lawyers
The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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New Health Data Compliance Considerations For Pa. Lawyers
Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.