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Legal Ethics
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August 20, 2024
Burford Fights Order Backing Chicken Price-Fixing Settlement
A Burford Capital Unit tried again Monday to unbind itself from a chicken price-fixing settlement that Sysco sealed via email with Pilgrim's Pride, arguing in Illinois federal court that the Seventh Circuit has criticized the order backing the settlement as "fatally flawed."
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August 20, 2024
Ex-Mich. Judicial Assistant Admits To Embezzling From Judge
A former judicial assistant to a Wayne County Circuit Court judge pled guilty Tuesday to embezzling more than $60,000 from the jurist, Michigan Attorney General Dana Nessel announced.
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August 20, 2024
Atlanta Immigration Firm, Paralegal Settle OT Suit
An Atlanta immigration law firm has reached a settlement in a federal lawsuit from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working more than 40 hours per week, according to court papers filed Tuesday.
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August 20, 2024
Ex-State's Atty Says Md. Trial Convictions Should Be Axed
Former Baltimore State's Attorney Marilyn Mosby is vying to upend her convictions for perjury and mortgage fraud, telling the Fourth Circuit the federal prosecution was riddled with errors from the outset.
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August 20, 2024
Mich. Judge Says She's Falsely Accused In Watchdog's Probe
A Michigan state judge said she now knows the "injustice" of being falsely accused, urging a judicial watchdog to reject charges that she lied to investigators who were probing another judge's misconduct.
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August 20, 2024
NC Panel Revives Meddling Claims Against Real Estate Atty
A real estate attorney must face renewed claims that he helped a stranger meddle in an ownership fight among heirs over a parcel of land in Charlotte, the North Carolina Court of Appeals said Tuesday.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Atty's Use Of 'Gallo' Ruffles Feathers At Competing Law Firm
A Texas law firm says an attorney in the Lone Star State is confusing the public by using "Gallo," the Spanish word for rooster, in marketing his legal services despite the firm's trademark rights for using the word in that context.
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August 19, 2024
4 Ex-Girardi Keese Attys Are Federal Targets, Agent Testifies
At least four former attorneys with the defunct Girardi Keese law firm are under active investigation related to the federal government's California wire fraud case and have received letters informing them they are targets, an IRS criminal investigator disclosed Monday under cross-examination by Tom Girardi's attorney at his criminal trial.
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August 19, 2024
Fed. Circ. Urged To Review Dish's Fight Over Atty Fee Liability
A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.
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August 19, 2024
Judge Suggests Atty, Firm Pay Up For Not Probing IP Claims
A Florida lawyer who once represented former President Donald Trump and the lawyer's firm should pay $150,000 in attorney fees as a monetary sanction for failing to properly investigate patent claims before suing, a federal magistrate judge has recommended, which is far below the $684,000 the defendants in the case sought.
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August 19, 2024
Colo. Justices Take Up Firm's Malicious Prosecution Defense
The Colorado Supreme Court said Monday it would hear a Denver law firm's appeal arguing that winning a dispositive motion in an earlier suit protects against a later malicious prosecution claim from the target of the first case.
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August 19, 2024
Feds Trim Sentencing Request For Atty In Email Fraud Case
Massachusetts federal prosecutors have shaved 11 months off of a nine-year sentencing request for an Illinois attorney who was convicted of collecting proceeds from an email fraud scheme, after the First Circuit vacated three of the lawyer's six counts on venue grounds.
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August 19, 2024
Chinese Exile's Daughter Wants Ch. 11 Sanctions Overturned
The daughter of bankrupt Chinese exile Miles Guo and her New Jersey-based attorney are asking the Second Circuit to overturn a bankruptcy judge's $83,370 discovery sanction, calling the discovery requests in question unclear and the sanction excessive.
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August 19, 2024
Gov't, Contractor Urge Against Sanctions Over Doc Dispute
Both the federal government and a contractor have urged a Court of Federal Claims judge not to sanction the government for the mislabeling of documents in a dispute over a U.S. Air Force construction deal, after the government argued its mistakes were inadvertent.
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August 19, 2024
Kasowitz Urges NY Court To Toss Supertall Tower Suit
Kasowitz Benson Torres LLP asked a New York state court to dismiss a lawsuit filed by two limited liability companies tied to AmBase Corp. over Manhattan's troubled supertall Steinway Tower.
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August 19, 2024
DQ'd Judge Should Have Kept Quiet, Tax Challengers Say
A Michigan federal judge who disqualified himself from homeowners' challenge to a $217 million dam repair tax assessment put his "thumb on the scale of justice" by improperly commenting on legal questions as he bowed out, according to homeowners seeking to have the comments rescinded.
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August 19, 2024
Ex-NJ County Exec Loses Bid To DQ Firm In Retaliation Suit
A former Cumberland County, New Jersey, health official claiming his firing was political retaliation cannot disqualify the county's counsel in his lawsuit, Testa Heck Testa & White PA, over interactions he had with two firm attorneys around the time of his firing, a state court judge ruled Friday.
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August 19, 2024
Ex-McElroy Execs' Theft, Bias Cases Paused Amid Ch. 11
A New Jersey state court has sided with McElroy Deutsch and stayed all litigation between the law firm and two former executives, including both the firm's fraud claims and discrimination counterclaims made against it, while a related bankruptcy case plays out.
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August 19, 2024
Ford Can't Show Judge Is Biased In Crash Case, Driver Says
Victims of a car crash urged the North Carolina state appeals court to reject a bid by Ford to get a trial court judge booted from a vehicle safety lawsuit, arguing the carmaker hasn't shown the judge is biased by bringing up statements he made years ago as a private attorney who took on the company.
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August 19, 2024
Atty Faces Contempt Bid In Fla. Forex Trading Firm Case
The court-appointed receiver of an investment company at the center of a U.S. Commodity Futures Trading Commission lawsuit over the firm's $75 million foreign currency trading fraud has asked for the company's now-imprisoned CEO's appeals attorney to be held in contempt of court for allegedly failing to comply with a subpoena.
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August 19, 2024
Voters Fight DeSantis Bid To Toss Prosecutor Suspension Suit
Florida voters and a partisan advocacy group have pushed back against Gov. Ron DeSantis' argument that voters have no right to see an elected official serve an entire term in a suit over the suspension of Florida prosecutor Monique Worrell, saying it doesn't matter when interference in an election occurs because the effect on the voters is the same.
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
Trump's Immunity Appeal May Delay Sentencing, DA Says
Prosecutors will not oppose Donald Trump's request to delay sentencing in his New York hush money case, currently set for next month, while he seeks to dismiss his conviction in light of the U.S. Supreme Court's presidential immunity ruling, agreeing that an immediate appeal may upend the proceedings anyway.
Expert Analysis
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.