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Legal Ethics
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June 11, 2024
NY Courts Agree To Boost Translation Services After Bias Case
New York state court officials instituted reforms and sealed an agreement with federal prosecutors on Tuesday related to claims that an upstate county denied Spanish-speaking defendants translation services in violation of their civil rights.
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June 11, 2024
Ga. Justices OK Remote Work For Attys Not Licensed In State
The Georgia Supreme Court unanimously put its stamp of approval Tuesday on an opinion stating that attorneys who reside in the Peach State but are not licensed there may provide legal services by remote means under certain circumstances.
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June 11, 2024
Mich. Court Says Insurer Can Yank Benefits For Litigation Lies
The Michigan Supreme Court unanimously reversed an appeals court decision, ruling Tuesday that misrepresentations made during discovery could prevent the family of a deceased car accident victim from recovering benefits from an insurer assigned to his claim by a state safety net program.
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June 11, 2024
Atty, Broker Look To Dismantle Guilty Verdicts In Tax Case
A St. Louis attorney convicted alongside his daughter and a North Carolina insurance agent asked Tuesday to be acquitted for their roles in a $4 million tax fraud scheme, arguing in part that the supposedly false statements they made on tax returns were actually true.
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June 11, 2024
5th Circ. Won't Adopt Rule On AI-Drafted Docs
The Fifth Circuit has decided this week not to adopt a proposed rule requiring attorneys to verify that documents were not written using generative artificial intelligence, or if they were, that they were checked for accuracy by humans.
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June 11, 2024
Wilson Elser Attys Officially Exit Airline Suit After Filing Gaffe
A Texas state judge has approved American Airlines' request for the departure of its Wilson Elser Moskowitz Edelman & Dicker LLP legal team that blamed a young child for a then-flight attendant's alleged covert bathroom recording, a week after the same lawyers were replaced from a similar suit in North Carolina federal court.
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June 11, 2024
NY's Trump Prosecutors To Testify Before House July 12
Manhattan District Attorney Alvin Bragg and top prosecutor Matthew Colangelo will appear before a House hearing on July 12, following a request from Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, amid persistent criticism of former President Donald Trump's conviction on 34 felony counts.
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June 11, 2024
Immigration Firm Says Rival Poached Workers And Stole TM
A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."
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June 10, 2024
Trump Can't Nix 9 Classified Doc Charges, But Wins Trim
The Florida federal judge overseeing the classified documents case against Donald Trump on Monday refused to throw out nine counts challenged by the former president, yet she did agree to strike from the indictment allegations that Trump at one point shared a classified map at a golf course.
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June 10, 2024
Debevoise Aims To Sink Cognizant Bribery Trial Subpoena
Debevoise & Plimpton LLP urged a New Jersey federal judge Monday to quash defendants' trial subpoena that would require a Debevoise partner to testify in an upcoming September criminal bribery trial against ex-Cognizant Technology Solutions's chief legal officer and another former executive, arguing that the testimony is subject to attorney-client privilege.
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June 10, 2024
NYC Probation Officer Interviews Trump Ahead Of Sentence
A New York City probation officer questioned Donald Trump in a remote video interview on Monday, a month before the former president is slated to be sentenced in the wake of his felony conviction in the Manhattan district attorney's hush money case.
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June 10, 2024
Ghosting Ethics Watchdog Was No. 1 Gaffe In Conn. Last Year
The most commonly violated attorney conduct rule in Connecticut in 2023 and so far in 2024 is one that requires cooperation with professional discipline investigations, attendees of the Connecticut Legal Conference heard Monday.
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June 10, 2024
Student Debt Elimination Service Was A 'Lie,' Fla. Jurors Told
A service offered by a Boca Raton, Florida, law firm to eliminate private student loan debt in exchange for a flat fee turned out to be a lie and left clients defrauded out of tens of thousands of dollars, a Florida federal jury was told Monday.
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June 10, 2024
Colo. Justice Blasts Majority Decision In Judge DQ Case
The Colorado Supreme Court reinstated a man's motor vehicle theft conviction Monday after he convinced a lower court to overturn it because the judge who presided over his trial should have been disqualified, with a dissenting justice arguing the ruling upends "long-settled law" as to when the right to seek such disqualification can be deemed to have been waived.
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June 10, 2024
Colo. DA Defends Interviewing Ex-Wife Of Murder Case Judge
A Colorado district attorney on Monday denied that she botched a high-profile murder case targeting a husband in his wife's disappearance, telling a disciplinary panel that her concerns about the judge's honesty justified sending an investigator to interview the jurist's ex-spouse.
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June 10, 2024
Colo. Justices Say Toxic Tort Plaintiffs Didn't Waive Privilege
Colorado's justices on Monday said plaintiffs suing a medical sterilization plant over exposure to a carcinogen cannot be forced to turn over communications with their lawyers related to an expert report, rejecting the plant's argument that the disclosure of a spreadsheet to an expert waived attorney-client privilege.
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June 10, 2024
Split Mich. Panel Says Attorney-Free Confession OK For Court
A split Michigan appellate panel said a judge should have admitted a video of a defendant confessing to hitting someone with his truck because the defendant signed multiple documents waiving his right to have counsel present, although a dissenting judge said police "misled" the defendant and took advantage of his confusion.
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June 10, 2024
2nd Circ. Remands Malpractice Suit Against DLA Piper
The Second Circuit on Monday sent back to state court a Chinese smart car technology company's malpractice suit against DLA Piper that accused the firm of mishandling a shareholder suit, with the appeals court panel saying federal court does not have jurisdiction over the suit.
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June 10, 2024
YSL Atty Jailed For Contempt Ruling Over 'Sacrosanct' Convo
The defense counsel for Atlanta rapper Young Thug was ordered to spend the next 10 weekends in jail after being held in contempt Monday afternoon for refusing to divulge how the attorney learned of a purported conversation behind closed doors between prosecutors, a witness and the judge presiding over the case.
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June 10, 2024
Aircraft Engine Co. Avco Wants Ex-Atty Sanctions Bid Cut
A dispute over deposition scheduling in a sanctions case filed in Pennsylvania federal court by a lawyer who formerly represented an aircraft company has led to accusations of attorneys acting in bad faith to obstruct the case and complaints of a lack of professional courtesy.
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June 10, 2024
Amid FBI Probe, Troubled Law Firm Gets Fees Win At 5th Circ.
An embattled Texas law firm has won another shot to secure fees for its work on hurricane-related cases in Louisiana, the Fifth Circuit ruled, one day after the FBI revealed it was investigating the firm over its client solicitation practices.
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June 10, 2024
Kirkland Faces Class Claims Over Breach Of File Transfer Tool
A proposed class of victims of a data breach has sued Kirkland & Ellis LLP and various other entities in a Massachusetts federal court, accusing them of failing to "properly secure and safeguard [the] plaintiff's and other similarly situated individuals' private information" in the lead-up to the massive 2023 MOVEit data breach.
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June 10, 2024
Lin Wood's Ex-Colleagues Push To Keep Fraud Claims In Trial
Former law partners of controversial attorney Lin Wood have urged a Georgia federal court to block Wood's request to exclude unadjudicated allegations he committed fraud and contract breach, arguing that the details are relevant in an upcoming trial over the ex-colleagues' claims that Wood defamed them.
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June 10, 2024
Ga. Judge's Call To Atty Friend Among Ethics Charges
A Georgia state judge is facing a host of ethics charges, including that she improperly dialed up an attorney friend and later gave her preferential scheduling in a child custody case and, in another case, took more than two years to issue an order to change custody of minor children.
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June 10, 2024
Cozen O'Connor Booted From Pa. Equal Pay Case
Cozen O'Connor has been booted off a Pennsylvania school district's equal-pay lawsuit that was being overseen by a judge with personal ties to the firm, according to an order the judge issued Monday.
Expert Analysis
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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.
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Indemnification In Exec Separation Deals: Read The Fine Print
The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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The Crucial Privilege Exception At Play In Trump Indictment
Following Donald Trump’s recent indictment for retaining classified documents, Hilary Gerzhoy at HWG explains how his attorney’s notes of their conversations became admissible in the case, what it means for the attorney's representation of Trump, and what obligations lawyers have in similar circumstances.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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What To Know About Recent Trends In PTAB Sanctions
Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.