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Legal Ethics
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October 30, 2024
Calif. Judge Scolded For Public Fight Over School Renaming
A California state judge has been publicly disciplined for leading a monthslong crusade against the renaming of his old high school, during which he spoke at rallies and fundraisers, called opponents "morons" on social media and generally "demeaned the judicial office."
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October 30, 2024
Treasure Hunter Urges Atty DQ In Fla. Shipwreck Suit
A member of an ocean salvage company urged a Florida federal court Wednesday to disqualify counsel applying to represent his opponent in a lawsuit over a claim to a Spanish galleon's sunken treasure, saying the attorney previously represented the company in a separate dispute involving the same wreckage.
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October 30, 2024
Seward & Kissel Can Shield NJ Malpractice Docs For Now
Seward & Kissel LLP got an early win on Wednesday when a New Jersey state judge blocked a discovery bid from the wife of hedge fund Two Sigma Investments LP's founder in her malpractice suit and put in place some stipulations.
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October 30, 2024
Ohio Justices Say Attorney In Prison Should Not Be Disbarred
The Ohio Supreme Court ruled Tuesday that an attorney in federal prison for his participation in a tax fraud scheme should not be disbarred, and should have a chance to reapply for his law license in the future
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October 30, 2024
Judge Says Attys Asking For Too Much In Hess Wage Deal
A New York federal judge refused to sign off on a $36,000 deal that would resolve a former oil field worker's suit alleging Hess Corp. failed to pay him overtime, saying the worker's attorneys are requesting too large of a share.
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October 30, 2024
Conn. Judge Cites Day Pitney Ties In Lego Settlement Recusal
U.S. Magistrate Judge Thomas O. Farrish has recused himself from presiding over settlement talks between Lego and a New York artist who is suing the toy company over a play set based on the Netflix series "Queer Eye," citing the fact that his former firm, Day Pitney LLP, represents the defendants.
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October 29, 2024
Ex-Texas Prosecutor Gets 3 Years For Extortion
A Texas federal judge sentenced a former elected Starr County, Texas, prosecutor to more than three years behind bars after he pled guilty to accepting tens of thousands of dollars in bribes in exchange for dropping charges in criminal cases, the U.S. Department of Justice announced Tuesday.
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October 29, 2024
Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'
A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him.
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October 29, 2024
DQ'd Zeta Atty Using MDL Info In Other Cases, Plaintiffs Say
A group of crew members aboard a Transocean drilling rig during Hurricane Zeta asked a Harris County judge Monday to sanction the company and its former law firm, writing that a former attorney has continued to use information he obtained while working on the case despite being disqualified in 2023.
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October 29, 2024
Cannon Won't Recuse In Trump Shooting Suspect's Fla. Case
U.S. District Judge Aileen Cannon declined Tuesday to recuse herself from overseeing the case of a man charged with attempting to shoot former President Donald Trump, saying Trump's praise of her and reports that he would consider her for attorney general if elected are not enough to disqualify her.
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October 29, 2024
Mich. Top Court Won't Halt Ethics Claims Against Trump Allies
Michigan's Supreme Court has refused to stop disciplinary proceedings against Sidney Powell and other lawyers who advanced former President Donald Trump's election fraud claims.
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October 29, 2024
GOP Rep. Roy Opposes Efforts To Stop 'Judge Shopping'
A Republican on the House Judiciary Committee is threatening to withhold support for legislation bolstering the operation of the federal courts if the Administrative Office of the Courts doesn't stop considering measures aimed at ending "judge shopping."
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October 29, 2024
NJ Judge Exits Disbarred Atty's Suits Over Ties To State Bar
A disbarred New Jersey civil rights attorney persuaded a New Jersey federal judge to recuse herself from cases he has pending before her due to the "slim, but conceivable chance" of an appearance of impropriety stemming in part from her time as president of the New Jersey State Bar Association.
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October 29, 2024
Besieged NJ Prosecutor Keeps Suit Over Resignation Alive
The former county prosecutor in Warren County, New Jersey, has partially defeated a motion to dismiss from Gov. Phil Murphy and Attorney General Matthew Platkin, and can pursue a state court claim that he never technically resigned before being replaced.
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October 29, 2024
4th Circ. Unclear On LeClairRyan Founder's Tax Liability
A Fourth Circuit panel appeared confused and noncommittal Tuesday as it wrestled with a narrow question of contract interpretation that could determine whether Gary LeClair of defunct LeClairRyan PLLC is on the hook for massive tax bills tied to the firm's collapse.
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October 29, 2024
Ex-Boston University Law Prof Settles IP Suit With School
A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.
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October 29, 2024
Legal Marketer Sues To Halt New Pa. Atty Text Solicitation Ban
A marketing company focused on soliciting criminal defendants on behalf of attorneys has filed suit in Pittsburgh federal court looking to overturn a new Pennsylvania ethics rule barring lawyers from using text messages to recruit clients.
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October 29, 2024
Circuit Judge Rips Atty's 'Unearned Windfall' In Liability Case
Although the Sixth Circuit has affirmed a decision awarding roughly $353,000 to a Texas attorney in a decadelong fee dispute over his representation of a client in a product liability case, one circuit judge expressed "extreme disapproval" over the lawyer's conduct in the matter.
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October 28, 2024
Apple Withholding Docs In Monopoly Row, Epic Says
Epic Games and Apple continued on in a discovery dispute in Epic's suit accusing Apple of monopolizing the iOS app distribution and in-app payment processing markets, with the video game company saying in a joint letter filed Friday that Apple is withholding "tens of thousands" of responsive documents.
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October 28, 2024
Partner Sues Over Firm Breakup After $100M Conn. Verdict
Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.
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October 28, 2024
DC Circ. Won't Revisit Quinn Emanuel's $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP lost its bid to get the D.C. Circuit to reconsider its decision in a dispute over the firm's authority to represent a port operating in a long-running legal spat with the Republic of Djibouti, according to an order issued Monday by a divided panel of judges.
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October 28, 2024
Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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October 28, 2024
Calif. High Court Says Judicial DQ Bids Must Be Timely
The California Supreme Court on Monday held that an appellate court got it wrong by determining a timeliness requirement doesn't apply when a party alleges that a judge is disqualified due to bias, in a case that resulted in a $43.5 million judgment for hundreds of title company employees.
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October 28, 2024
Judge Leaves Patent Case After Fed. Circ. Undoes Ruling
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
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October 28, 2024
Colo. Will Decide How Judges Are Judged
The Colorado Supreme Court could soon lose some of its control over judicial discipline, from the rules governing the process to who doles out punishment, as voters decide whether to adopt constitutional reforms following a scandal over hush-money allegations that ensnared a former chief justice and other top judiciary officials.
Expert Analysis
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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High Court Injunction Case Could Shake Up Fee-Shifting Rules
In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.