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Legal Ethics
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August 13, 2024
Tax Court Design Violates US Law, Widow Tells 11th Circ.
The widow of a grocery store butcher fighting a tax liability upheld by the U.S. Tax Court has told the Eleventh Circuit that the decision should be sent back for reconsideration, arguing that a provision restricting the president's power to remove Tax Court judges is unconstitutional.
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August 13, 2024
Ex-Prosecutors Back Willis In Trump's Appeal Of DQ Ruling
Former federal prosecutors and others have thrown their support behind the State of Georgia, arguing that a trial court was right to let Fulton County District Attorney Fani T. Willis continue prosecuting former President Donald Trump and others after a former outside counsel with whom she had a relationship resigned.
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August 13, 2024
Jackson Walker Slams 'Draconian' Judge Romance Fees Bid
Jackson Walker LLP is pushing back on a U.S. Trustee Office's attempt to roll back at least $13 million in fees and reimbursements awards, saying the firm is just the latest bystander to become "collateral damage" from a concealed romance between an ex-firm partner and a former federal bankruptcy judge.
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August 13, 2024
Contractor Can't DQ Maynard Nexsen From Bias Case
An Alabama federal judge won't disqualify Maynard Nexsen PC from representing a former Parsons Corp. engineer in his discrimination suit against the company for allegedly representing both parties at the same time, saying Parsons' disqualification motion was "unmeritorious."
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August 13, 2024
Kaufman Dolowich Slams Ex-Associate's Bias Claims
A former Kaufman Dolowich & Voluck LLP associate's claim that the firm's Philadelphia office terminated him after he asked for accommodations for his hearing impairment is contradicted by a separate lawsuit in which he blames a legal recruiter for costing him his job, according to a recent filing by the firm.
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August 13, 2024
Colo. Atty Says Prior Firm Took Clients, Retained Funds
A lawyer has sued a small law office in Colorado state court, alleging it asked his clients to switch counsel right before the attorney was set to leave the firm and that the law office is trying to get around a provision of his employment agreement that said he could take the clients, as well as their retainer, upon his departure.
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August 13, 2024
'Clever' Scheme Is Concealing Talc Litigation Funding, J&J Says
The Beasley Allen Law Firm needs to disclose alleged litigation funding fueling its litigation over Johnson & Johnson's talcum powder even if that funding was not given directly to the firm since the disclosure rules apply to "parties" and not "law firms," J&J has told a New Jersey federal court.
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August 13, 2024
Federal Judge Can't Shake Discipline For Handcuffing Girl
A review panel on Tuesday agreed with a unanimous Ninth Circuit Judicial Council finding that a federal judge in California engaged in misconduct when he ordered that a tearful 13-year-old girl be handcuffed during a criminal hearing for her father, upholding a public reprimand and three-year pause on criminal case assignments for the jurist.
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August 13, 2024
Ex-McCarter & English Client Wants To Undo Malpractice Loss
A New Jersey pharmaceutical business is urging a New Jersey state court to reconsider its decision to throw out the company's malpractice case against McCarter & English LLP, saying the firm "brazenly" misstated part of the timeline of the case's lengthy history.
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August 13, 2024
Conn. Trial Attys Back McCarter's Bid For Punitive Award
The Connecticut Trial Lawyers Association has asked the state Supreme Court for permission to file a friend-of-court brief supporting McCarter & English LLP's bid for a punitive payout after winning multimillion-dollar judgments in a contract dispute with a former client.
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August 13, 2024
Firms In State Street Case See $400K Slashed From Fee Bid
A Massachusetts federal judge known for scrutinizing attorney fees in class action suits trimmed more than $400,000 from a requested award for two firms who led a $4.3 million settlement with State Street Corp. over its employees' 401(k) plans.
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August 12, 2024
Circle K 'Sandbagged' By Late Docs In Death Suit, Court Told
Circle K told a Florida state court Monday it should have a chance to depose several expert witnesses in a lawsuit stemming from a woman's death at a gas pump, saying attorneys representing family members "sandbagged" the company after providing dozens of new files that were demanded earlier this year.
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August 12, 2024
Ogborn Mihm Says Ex-Clients Won't Pay Fees On $2M Win
Ogborn Mihm LLP accused two former clients Friday of refusing to pay the full $800,000 contingency fee for their $2 million personal injury suit settlement.
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August 12, 2024
Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says
An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.
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August 12, 2024
'All Hell Broke Loose,' Wood's Ex-Partner Says Of Social Posts
A former law partner of controversial ex-attorney L. Lin Wood on Monday told a Georgia federal jury that social media posts Wood made accusing her and two other former partners of defamation led to widespread online harassment, damage to her professional reputation and threats.
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August 12, 2024
Judge Won't DQ Asst. US Atty In Standard Chartered FCA Case
A New York federal judge on Monday declined to disqualify an assistant United States attorney from a long-dismissed False Claims Act suit against Standard Chartered Bank, calling the whistleblower's arguments for disqualification meritless "to the point where they verge on vexatious and frivolous."
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August 12, 2024
Young Thug Jury Returns, Told Not To Fret About New Judge
After weeks away from court, jurors weighing racketeering charges against Atlanta rapper Young Thug and his alleged Young Slime Life gang were instructed Monday "not to concern yourselves" with the switch to a new judge and to "disregard" any "disparaging" comments made by the jurist who previously presided over the marathon trial.
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August 12, 2024
Morgan Lewis Escapes DQ Over Dual Rep. In HSBC OT Case
A New York federal judge on Monday refused to disqualify Morgan Lewis & Bockius LLP counsel from representing a former HSBC branch manager and key witness in an overtime class action against the bank, which the attorneys also defend, ruling the supposed conflict of interest is speculative and could be corrected if needed with informed consent.
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August 12, 2024
Convicted Fla. Atty Says Bogus Threat Testimony Tainted Trial
A Florida attorney has urged the Eleventh Circuit to toss her criminal wire fraud conviction and six-year prison sentence, because she said the trial court wrongly let prosecutors "throw a loaded grenade" at her by allowing testimony about an "unsubstantiated and uncorroborated claim" that the attorney threatened a co-defendant.
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August 12, 2024
NJ Bar Aims To Nix Opinion Allowing Atty Keyword Search
The New Jersey State Bar Association is urging the state Supreme Court to overturn an ethics advisory opinion allowing attorneys to purchase other attorneys' names to use as keywords in online searches in order to redirect web traffic to their website.
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August 12, 2024
Ex-Seton Hall Prez Fights Amicus Brief In Whistleblower Suit
The former president of Seton Hall University who launched a whistleblower suit against the school in New Jersey state court is opposing a bid by a former university board chair and prominent defense attorney to file an amicus curiae brief, saying he has no "special interest" in the "contract dispute."
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August 12, 2024
Texas Firm Says Recordings Show Call Center Deception
A Texas personal injury law firm asked a federal judge to impose a preliminary injunction on a lawyer referral service, arguing that newly obtained audio recordings from the referral service's call center show the other company deliberately tries to trick the firm's potential clients into signing up with other lawyers.
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August 12, 2024
NJ Atty Beats Malpractice Claims Over Real Estate Dispute
A suspended New Jersey attorney has prevailed over a malpractice complaint from another attorney accusing him of providing bad legal advice on a real estate matter and exposing her to her own malpractice case, according to an order made available Monday.
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August 12, 2024
Court Observers Offer Their Wish Lists For A Judiciary FOIA
Government transparency advocates and court watchers think a recently introduced bill to subject the judiciary to the Freedom of Information Act would increase trust and transparency in the courts, and they have some ideas already of what they'd like to obtain from them.
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August 09, 2024
Judge Won't DQ Prosecutors In Young Thug Trial
In a pair of orders on Thursday, the new judge overseeing Atlanta rapper Young Thug's racketeering and gang conspiracy trial denied motions for a mistrial and to disqualify two Fulton County prosecutors but ordered the "entire prosecution team" to watch a training video in response to alleged evidence violations.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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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.