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Legal Ethics
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October 21, 2024
Disbarred Conn. Atty Owed $52K In Fees, Appeals Court Told
An attorney disbarred for making false claims in a judicial recusal motion is seeking $52,100 in fees derived from a State Farm car accident settlement and various other sources, telling the Connecticut Appellate Court on Monday that a trial judge improperly weighed the fees during her later discipline case.
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October 21, 2024
Atty's Brother Says Sibling Feud Is Harassment Campaign
A Michigan attorney's brother and former business partner has accused the attorney of filing baseless lawsuits and harassing his employees in an attempt to squeeze money out of him, as the businessman countered a motion to block him from attending depositions.
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October 21, 2024
Seton Hall Ex-Chair Fights Transfer Of Whistleblower Suit
Seton Hall University's former board chair on Monday sought to prevent the transfer of a whistleblower case from the school's former president out of New Jersey's Essex County state court due to a supposed conflict of interest, following a similar motion last week from the university itself.
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October 21, 2024
Ex-Florida Bar Prez Accused Of Malpractice In Divorce Case
A former Florida Bar president has been sued in state court by an ex-client who accused the attorney of legal malpractice in a divorce case, saying she breached her duty by dragging out the proceeding and causing damages stemming from a disagreement over a marital residence.
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October 21, 2024
Last-Minute Letter Delays Mich. Atty's Voting Machine Trial
A Michigan state judge delayed a jury trial Monday for a lawyer accused of unlawfully accessing 2020 voting machines, after the attorney accused prosecutors overnight of hiding a letter outlining county clerks' "prerogative" to release the machines to some parties.
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October 21, 2024
9th Circ. Revives Atty's ADA Suit Against Calif. Bar
The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.
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October 21, 2024
Ga. Atty Admits To Role In $1.3B Tax Shelter Scheme
A Georgia attorney has pled guilty in federal court related to helping orchestrate a $1.3 billion tax scheme involving fraudulent conservation easements, making him the 12th person convicted over the plot, including another attorney who was handed a 23-year prison sentence.
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October 21, 2024
Philly Judge Challenges Sanction For Unapproved Absence
A Philadelphia Municipal Court judge is appealing sanctions ordered by a Pennsylvania disciplinary court which found she had committed an ethical violation when she prematurely signed court paperwork in order to take an unapproved personal day to travel to Florida.
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October 21, 2024
Judge Cites University Ties To Bow Out Of Aid-Fixing Suit
An Illinois federal judge has recused herself from a proposed antitrust class action against 40 private colleges, reasoning that she has a relationship with one of the university defendants.
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October 21, 2024
Conn. Firm Says Attys, Restaurants Filed 'Malicious' Suit
A restaurant chain and its attorneys abused the legal process by "frivolously and maliciously" suing a plaintiff-side firm after it ran ads alerting workers they might have wage claims against the restaurant, a lawsuit filed in Connecticut state court has alleged.
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October 21, 2024
Justices Pass On Cohen Suit Blaming Trump For Prison Stint
The U.S. Supreme Court declined to take up a case brought against Donald Trump by his former personal attorney Michael Cohen, who claimed that he was vindictively put in prison for writing a memoir that painted the former president in a negative light.
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October 21, 2024
Nurick Law Group Settles NJ Suit Over Whistleblower Case
Pennsylvania-based Nurick Law Group LLC has settled a legal malpractice case brought by a former employee of an HVAC company who claimed that the firm mishandled his whistleblower case.
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October 21, 2024
Litigation Funding Firms Aim To Escape Hurricane Ad Suit
Two litigation funders are urging a Texas federal court to adopt a magistrate judge's recommendation to toss claims against them in a proposed class action alleging a law firm deceptively advertised to hurricane victims.
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October 21, 2024
Fla. Dept.'s Ex-GC Says Gov.'s Office Directed TV Ad Letters
The former general counsel for the Florida Department of Health said Monday that he was directed by Gov. Ron DeSantis' office to send out letters threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Texas Federal Judge Owned Tesla Stock After Taking X Suit
A Texas federal judge overseeing a high-profile case between X Corp. and a media watchdog bought and sold shares of Elon Musk's automotive company Tesla the same year that X filed the suit, according to financial disclosure reports.
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October 18, 2024
9th Circ. Judge Doubts AI 'Robot Judges' Can Replace Jurists
Ninth Circuit Judge William Fletcher expressed skepticism Friday that artificially intelligent "robot judges" should replace jurists, saying during a conference on complex litigation ethics that judges understand how to creatively apply the law to best serve justice, and "I don't trust the AI system to break the law when it should."
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October 18, 2024
Jan. 6 Witness Said Trump Speech May Have Been 'Political'
Donald Trump's speech at a rally before the Jan. 6, 2021, insurrection at the U.S. Capitol may have been "political" rather than in his official capacity as president, witness testimony unsealed Friday in his D.C. election interference case said.
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October 18, 2024
Judge Slams 'Lazy Lawyering' In Amazon Biometric Data Suit
The judge overseeing a proposed biometric privacy class action against Amazon Web Services Inc. in Delaware federal court chastised the plaintiffs' counsel for identically repleading a previously dismissed claim, calling the move "lazy lawyering" and warning of potential ramifications for "lying to the court."
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October 18, 2024
DC Firms Look To Exit Suit Over $120M Iraq Award
Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.
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October 18, 2024
Fla. Atty Accused Of Trust Violations Faced Losing Her Home
The Florida Supreme Court on Friday gave an Orlando attorney accused of misusing client funds — which she said kept her out of homelessness — extra time to comply with a suspension order after she said hurricanes Helene and Milton displaced her from her home and her law office, complicating her ability to communicate with clients and access records.
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October 18, 2024
Blank Rome Attys Want Win In Corporate Client Ex-Atty Suit
A trio of Blank Rome LLP attorneys have asked a federal judge in Pennsylvania for an early win in a lawsuit from another attorney alleging they improperly helped her former client retaliate against her after she switched to the plaintiffs bar.
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October 18, 2024
Narrow Ga. Ruling On Atty-Client Privilege Draws Concerns
A recent divided Georgia Supreme Court decision found that jailhouse calls between a man convicted of assault and his then-attorney weren't off-limits to prosecutors, drawing concerns from some legal experts that the narrow reading of attorney-client privilege sets a "dangerous" precedent.
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October 18, 2024
Verbose BigLaw Attys Irk Judge: 'Not Serving You Well'
A Boston federal judge on Friday laid into attorneys for Boies Schiller Flexner LLP, Quinn Emanuel Urquhart & Sullivan LLP, and Ropes & Gray LLP for what she called needlessly aggressive and voluminous court filings in heated fraud litigation involving the sale of a Mexican funeral business.
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October 18, 2024
57 Scholars, Former Judges Call For High Court Term Limits
A group of 57 constitutional scholars and retired federal and state judges wrote a letter to the leaders of Congress on Wednesday urging them to establish term limits for U.S. Supreme Court justices, proposing guardrails that they said are "urgently needed at a time of plummeting confidence" in the nation's highest court.
Expert Analysis
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Nev. Insurance Law May Mean Turmoil In Liability Market
Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.
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Lessons From High-Profile Witness Tampering Allegations
As demonstrated by recent developments in the cases against former President Donald Trump and FTX founder Sam Bankman-Fried, allegations of witness tampering can carry serious consequences — but attorneys can employ certain strategies to mitigate the risk that accusations arise, says Kenneth Notter at MoloLamken.
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Covington Ruling Strengthens SEC's Enforcement Powers
A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.
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'Blind Side' Family Case Is A Cautionary Tale For Attorneys
Former NFL player Michael Oher's recent allegations against Sean and Leigh Anne Tuohy that they never legally adopted him and tricked him into conservatorship — which paint a very different picture than the 2009 film "The Blind Side" — demonstrate the importance of attorney due diligence and safeguards against abuse of process, says Roland Weekley at Smith Gambrell.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Ethics Issues For Mainland Firms Involved In Maui Fire Suits
Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.