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Legal Ethics
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August 15, 2024
Pa. Atty And Wife Apologize To Lawyer For Theft Allegations
A Pennsylvania attorney and his wife have apologized for accusing another attorney of stealing money from a business venture, saying in a court settlement record that they have no evidence that the lawyer committed the theft and that they retract their earlier statements.
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August 15, 2024
Conn. 'Fishing' Atty Submits Resignation From State Bar
A Connecticut attorney who responded to an overdraft notice and disciplinary inquiry with an email saying the issue wasn't a priority as he was busy fishing has submitted his resignation from the state bar.
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August 15, 2024
Trump Seeks To Delay NY Sentencing Until After Election
Donald Trump asked to delay sentencing in his New York hush money case until after the 2024 presidential election, arguing he needs time to potentially appeal if he loses an attempt to erase the felony conviction on the basis of presidential immunity.
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August 14, 2024
Lin Wood Defends Social Posts In Long Day Of Testimony
Controversial ex-attorney Lin Wood was pushed on his claim that social media posts he made about three of his former law partners following the 2020 dissolution of his firm were an attempt at self-defense when he took the stand Wednesday in Georgia federal court.
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August 14, 2024
Girardi Kept 'Opening A Wound,' Tearful Ex-Client Tells Jury
A woman whose son was seriously injured in a car accident shed tears Wednesday while testifying in Tom Girardi's criminal trial, recalling her increasingly desperate attempts to get a final $1 million owed to her from a lawsuit settlement as the embattled attorney gave her varying excuses for why she wasn't getting the funds.
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August 14, 2024
Denver Law Grad Sanctioned In Suit Over Externship Failure
A University of Denver law school graduate with disabilities who was fired by the Denver District Attorney's Office during a school externship cannot sue the school for discrimination, a Colorado federal judge has ruled, sanctioning the former student for misogynistic attacks against opposing counsel and other behavior.
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August 14, 2024
Sanctioned Ghanaian Co. Says Law Firm's Fees Too High
An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.
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August 14, 2024
Texas Atty Must Pay Volkswagen $200K In Fees For Patent Suit
A Texas federal judge has ordered litigation firm VDPP LLC and its counsel, Texas attorney William Ramey III of Ramey LLP, to pay Volkswagen $207,543 in fees stemming from a now-dismissed patent case after determining a fee multiplier that applies to "exceptional" cases was appropriate due to the suit's "obvious lack of merit."
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August 14, 2024
Sen. Durbin Slams DOD's Revocation Of 9/11 Plea Deal
Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee and Senate majority whip, told U.S. Department of Defense Secretary Lloyd Austin on Wednesday he is "troubled" by the secretary's decision to revoke a plea deal for the accused masterminds of the Sept. 11, 2001, terrorist attacks.
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August 14, 2024
Insurer Says No Coverage For Atty's Mistaken Settlement Row
A lawyer accused of trying to cover up his settlement of a workers' compensation claim for the wrong client who shares the same name as his actual client can't get coverage, his professional liability insurer told a Mississippi federal court, saying the "limited documentation" he's provided "actually supports" the underlying claims.
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August 14, 2024
$24M Hidden Fee Deal With AIG Opposed By Class Member
A member of a class of travel insurance buyers who accused AIG insurers of stacking hidden fees on top of insurance travel premiums urged a California federal court to reject a nearly $24 million proposed settlement, saying it inappropriately combines distinct California and Washington claims.
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August 14, 2024
Ga. High Court Passes On Reviving Public Defender Bias Suit
The Georgia Supreme Court has declined to take up the wrongful termination case of a former public defender employee with breast cancer, leaving in place an appellate court decision that overturned a 22-year-old ruling by saying the state did not waive its sovereign immunity when it enacted the Fair Employment Practices Act.
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August 14, 2024
Zantac Judge Won't Step Aside Over Wife's Reed Smith Role
A Pennsylvania state judge overseeing the Zantac mass tort litigation against GlaxoSmithKline denied a motion to recuse himself Wednesday after expressing skepticism about the plaintiffs' contention that he could be unconsciously partial because his wife works for a firm defending the drugmaker in other jurisdictions.
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August 14, 2024
Lewis Brisbois, Atty Battle Over Immunity In Texas TM Case
Lewis Brisbois Bisgaard & Smith LLP and a Texas lawyer accused of ripping off the BigLaw firm's name battled over the issue of attorney immunity in post-hearing briefings Tuesday, with the firm writing that the Fifth Circuit "has made itself clear" that the lawyer can't be shielded from the case.
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August 14, 2024
Skakel Wants To Combine Suits Over Moxley Murder Probe
Michael Skakel has asked a Connecticut state court to combine two lawsuits tied to his overturned conviction for the 1975 murder of Martha Moxley in Greenwich, which accuse the lead investigator of zeroing in on him despite evidence of other suspects and unlawfully seizing materials from the Kennedy family cousin's ghostwriter.
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August 14, 2024
SC Justices Agree To Hear Murdaugh's Jury Tampering Claim
South Carolina's Supreme Court has agreed to hear disgraced lawyer Alex Murdaugh's appeal claiming a clerk of court tampered with the jury that convicted him of murder, invoking a rule that bypasses intermediate appeals when "significant public interest or a legal principle of major importance" hangs in the balance.
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August 14, 2024
Judge DQs Ex-Overstock CEO's Atty For Discovery Violations
A Washington, D.C., federal judge has granted Dominion Voting Systems' "extraordinary and rarely granted" disqualification bid over serious discovery violations by a lawyer defending Overstock.com CEO Patrick Byrne in a defamation lawsuit brought by the voting machine company.
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August 14, 2024
Fla. Atty Accuses Anti-Vax Org.'s Ex-Chairman Of Defamation
A Florida attorney is suing the former board chair of anti-vaccine group America's Frontline Doctors for $2.4 million for allegedly defaming the attorney in an open letter that implied she committed felonies, among other wrongdoings, and harmed her reputation.
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August 14, 2024
Florida Firm Renews Bid To Ditch Paralegal's Shorted Pay Suit
A West Palm Beach, Florida, law firm has asked a federal judge to dismiss a former paralegal's wage and retaliation suit, arguing her independent contractor status and failure to report unpaid work make her claims unviable.
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August 14, 2024
NY Judge Rejects Trump's 'Stale' Recusal Bid A 3rd Time
The New York judge who presided over Donald Trump's hush money trial denied the former president's third attempt to remove him from the case ahead of sentencing, ruling that the motion was "nothing more than an attempt to air grievances."
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August 13, 2024
LA Prosecutor Sues DA Over Handling Of Sex Assault Case
A Los Angeles County deputy district attorney has filed a whistleblower retaliation lawsuit in California state court against District Attorney George Gascón and Los Angeles County, alleging that he was targeted for exposing misconduct within the DA's office over its handling of a high-profile sex assault case.
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August 13, 2024
Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever
A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.
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August 13, 2024
Lin Wood Says Social Posts Were Defense, Not Offense
Controversial ex-attorney Lin Wood took the stand Tuesday in a defamation case brought against him by three of his former law partners over social media posts in which Wood claimed they tried to criminally extort him after his firm's dissolution, telling jurors he only took to social media to defend himself.
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August 13, 2024
Va. Atty Held In Contempt, Jailed Overnight Loses Appeal
A Virginia appeals court on Tuesday tossed a false imprisonment suit accusing a sheriff of wrongly detaining a divorce attorney after she was held in civil contempt for arguing with a judge and jailed overnight, saying the sheriff acted under the auspices of the judge's legal authority.
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August 13, 2024
Girardi's Ex-Accountant Testifies He Wasn't Always 'All There'
A former in-house accountant for Tom Girardi's law firm broke down in tears on the witness stand under cross-examination in Girardi's California federal criminal trial Tuesday, first saying he always seemed "lucid" before describing him in the month before Girardi Keese filed for bankruptcy as slipping mentally.
Expert Analysis
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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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.